The world's political record
Person
![Official portrait of Rep. Dreier, David [R-CA-26]](https://www.congress.gov/img/member/d000492_200.jpg)
United States · Official source
2,818 records where Rep. Dreier, David [R-CA-26] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 June 1991
Amends the Internal Revenue Code to repeal the luxury excise tax on passenger vehicles, boats, aircraft, jewelry, and furs.
United States · United States Congress · 10 June 1991
Amends the Internal Revenue Code to repeal the luxury excise tax on passenger vehicles, boats, aircraft, jewelry, and furs.
United States · United States Congress · 6 June 1991
Federal Aid Surface Transportation Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway and Bridge System; (2) the Urban and Rural Highway and Bridge Program; (3) emergency relief; (4) the Federal Lands Highway Program; (5) the University Transportation Centers Program; (6) the Right-of-Way Revolving Fund; and (7) the Territorial Highway Program. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, distribution of and limitations on obligation authority, and redistribution of unused obligation authority. Declares that national resources should be focused upon preserving the nation's investment in its Interstate systems, that broad national defense, economic, safety, and international policy goals are advanced by efficient transportation systems, that national transportation investments should increasingly encourage domestic and international commerce and trade, and that, based on congressionally established national transportation policy and objectives, a new Federal high priority highway network should be designated. Establishes the National Highway and Bridge System, to consist of all currently designated Interstate highways, an appropriate portion of the rural and urban principal arterial routes, including toll facilities, and national defense highways, and routes which meet specified criteria (including nationally significant truck routes, routes that provide nationally significant commodities with access to markets, access points to significant national parks, facilities that will provide logical connection between major population centers and the National Highway and Bridge System, and major urban corridors). Specifies that the National Highway System shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation, and that the Secretary may add segments to the National Highway System as necessary to meet National Highway Program objectives. Directs the Secretary to establish criteria for reviewing projects to be funded as part of the National Highway and Bridge System which: (1) define eligible projects to include rehabilitation, resurfacing, restoration, capacity expansion, operational improvement, safety, and new highway construction; (2) ensure as a first priority for the use of available funds the protection of investments made in the Interstate highways in each State and the provision of suitable traveling quality by such highways; (3) permit funding in urbanized areas to be used to improve highway and transit systems, where it can be shown that the improvement will increase the level of service within the corridor of the National Highway and Bridge System; and (4) permit the use of such funds for intercity rail projects and projects for access to ports, airports, and related facilities. Sets forth additional provisions with respect to the discharge of responsibilities by the Secretary for National Highway and Bridge System projects. Directs the Secretary to establish an Urban and Rural Highway and Bridge Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies: (1) that the Urban and Rural Highway and Bridge Program shall consist of all public highways (including bridges) functionally classified as arterials, urban collectors, and rural collectors other than those designated as part of the National Highway and Bridge System; (2) that each State shall establish guidelines for implementing this program; and (3) eligible highways and projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Requires the Secretary, in each fiscal year, to allocate among the States amounts sufficient to ensure that: (1) the total of apportionments and minimum allocation for each State in each such fiscal year shall not be less than 90 percent (currently, 85 percent) of the percentage of estimated tax payments into the Highway Account of the HTF attributable to highway users in the State of total apportionments in each such fiscal year and allocations for the prior year; and (2) each State's total apportionment from the Highway Account of the HTF for the year is not less than that made during FY 1991 (excluding any Interstate construction funds in excess of FY 1992 one-half percent minimum, Interstate substitution, and amounts for demonstration or discretionary funding programs or projects). Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway and Bridge Program, the Urban and Rural Highway and Bridge Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Requires the Federal highway research program to include coordinated long-term programs of research: (1) on Intelligent Vehicle Highway Systems; and (2) for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system. Requires such program to continue those portions of the Strategic Highway Research Program that the Secretary deems important. Directs the Secretary to create and administer the Dwight David Eisenhower Transportation Fellowship Program, a program to attract qualified students to the field of transportation engineering and research. Provides for the funding of such program. Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Directs the Secretary: (1) in the Secretary's reports regarding future highway needs of the nation, to report as well on the condition and performance of the existing system and on the bridge needs of the nation; and (2) beginning with the report due in January 1995, to include the results of studies of the air quality impacts of transportation programs including the air quality benefits realized from transportation control measures required under the Clear Air Act. Establishes within the Department of Transportation a Bureau of Transportation Statistics, which shall pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system. Requires the Director of such Bureau to: (1) produce annually unbiased and comparable estimates of factors including productivity in the various portions of the transportation sector, traffic flow, travel times, travel costs of intracity commuting and intercity trips, frequency of vehicle and transportation facility repairs, accidents, and collateral damage to the human and natural environment; and (2) submit reports beginning on October 1, 1992, and every 12 months thereafter, to specified congressional committees describing the status of the U.S. transportation system. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State, local, and foreign governments; and (2) enter into cooperative research and development agreements, except that the average Federal share in such agreements shall not exceed 50 percent (but allows the Secretary to approve a higher Federal level of participation where there is substantial public interest or benefit). Authorizes the Secretary to withhold project approvals on National Highway and Bridge Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have a traffic monitoring system to provide statistically-based traffic data. Sets forth provisions regarding: (1) acquisition of rights-of-way; (2) private, State, and local donations; (3) access to rights-of-way to accommodate needed passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems), and highway and nonhighway public mass transit facilities; and (4) the definition and scope of the Interstate System. Declares that: (1) the nation must redirect its efforts toward moving people, information, and goods rather than moving vehicles; (2) the new Federal program shall refocus national policies to respond to increasing inter-regional travel, relieving urban congestion, improving rural access, fostering intermodalism, enhancing air quality, conserving energy, and giving priority to projects that offer the best solutions to the transportation problems and environmental considerations of each region; and (3) the essential element for an effective future program is a new Federal, State, and local partnership that provides more funding, greater program flexibility, and greater program management and resource contribution responsibilities at the State and local levels. Sets forth provisions with respect to the apportionment of funds, including apportionment formulas under the: (1) National Highway and Bridge Program, based on the State's rural and urban lane miles, rural vehicle miles traveled, and diesel fuel consumption; and (2) Urban and Rural Highway and Bridge Program, in the ratio of tax payments of the Highway Account of the HTF attributable to the highway users of each State. Sets forth provisions with respect to: (1) project agreements and obligations of funds; (2) availability of funds; (3) the Federal share payable with respect to certain projects; (4) project litigation expenses; and (5) the allocation and administration of Federal lands highways funds, and the establishment of a coordinated Federal Lands Highways Program. Authorizes (subject to specified limitations): (1) States to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use; (2) the Secretary, where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles or pedestrians are permitted to operate at each end of the bridge and the Secretary determines that the safe accommodation of bicycles or pedestrians can be provided at reasonable cost, to replace or rehabilitate such bridge, making such accommodations; (3) Federal lands highways funds to be used for the construction of pedestrian walkways and bicycle routes; and (4) a State to expend Urban and Rural Highway and Bridge Program funds for such construction. Provides for: (1) a functional reclassification of all public roads; (2) the transfer of funds for transit projects to, for administration by, the Urban Mass Transportation Administration; and (3) a recodification of Federal highway-related provisions. Requires that construction standards adopted for the National Highway and Bridge System be those approved by the Secretary in cooperation with the State highway departments and the American Association of State Highway and Transportation Officials (currently, with respect to construction standards for the Interstate System, cooperation with such Association is not required). Directs the Secretary to issue guidelines for minimizing soil erosion from highway construction. Bars the Secretary from approving projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless the project provides a reasonable alternative route or an alternative route exists. Requires: (1) projects for resurfacing, restoring, or rehabilitating specified highways to be constructed in accordance with standards to preserve and extend highway service life and enhance highway safety; and (2) States to charge, at a minimum, fair market value for the sale, use, lease, or lease renewals of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Account of the HTF, with exceptions. Provides that: (1) Indian contractors certified by State transportation or highway departments shall receive preference in the award of contracts on Indian reservations to the maximum extent practicable; and (2) contracts for Urban and Rural Highway and Bridge Program projects may be entered into with the prior concurrence of the Secretary in the award. Authorizes: (1) the State transportation or highway department to include warranty or guarantee provisions in construction contracts which, if used, shall be for a specified construction product or feature and may not include routine maintenance; and (2) projects (currently, requires projects) approved to include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of the bonds have actually been expended in the construction of the project. Authorizes the Secretary, except for projects administered under the Urban and Rural Highway and Bridge Program, to make payments to a State for costs incurred on a project. (Current law authorizes payment to States for construction.) Specifies that total payments shall not exceed total costs incurred by the State for the project. Requires any State transportation or highway (currently, highway) department which submits plans for a National Highway and Bridge Program or Interstate System project (currently, Interstate System project) to make its certification and report, indicating that consideration was given to the economic, social, environmental, and other effects of the plan, highway location or design, and various alternatives which were raised during the hearing or which were otherwise considered (current law does not mention the latter requirement). Authorizes the Secretary to approve for Federal financial assistance from National Highway and Bridge Program funds: (1) projects designed to encourage the use of carpools, subject to specified limitations; and (2) the construction of exclusive or preferential high occupacy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOV, intercity bus, and public transportation passengers. Specifies that if fees are charged for the use of any carpool or other publicly owned parking facility constructed pursuant to Federal highway provisions, the revenue in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility including compensation to any person for operating the facility and for providing shuttle service shall be used for purposes authorized under Federal highway provisions. Requires that National Highway and Bridge System funds be made available to finance the Federal share of projects for exclusive or preferential HOV, truck, and emergency vehicle routes or lanes. Permits such routes on the Interstate System to have less than four lanes of traffic. Prohibits the approval of HOV projects unless the Secretary has received assurances from the owner or operator of the facility that HOV vehicles will fully utilize the proposed project and that essential operations and enforcement support of the facility will be provided. Specifies that, in any case where sufficient land exists within the publicly acquired rights-of-way of the National Highway System to accommodate needed nonhighway public mass transit facilities and where the accommodation can be accomplished without impairing automotive safety or future highway improvements, the Secretary may authorize a State to make those lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever the public interest will be served. Directs the Secretary to require assurance from any State desiring to avail itself of benefits under Federal highway provisions that employment in connection with proposed projects be provided without discrimination based on race, color, religion, national origin, age, disability, or sex (currently, specifies "without regard to race, color, creed, national origin, or sex"). Requires that not to exceed one fourth of one percent of the funds apportioned to a State be available for highway construction training. Prohibits discrimination on the basis of sex under programs or activities receiving Federal assistance. Repeals a requirement that each State certify that it is enforcing all speed limits on public highways and that the Secretary not approve projects in States failing to make such certification. Requires each State to establish a procedure to certify that highway bridge inspectors meet national qualifications. (Current law requires that standards established by the Secretary include a procedure for national certification of such inspectors.) Directs the Secretary to withhold ten percent of the amount to be appropriated to any State on the first day of each fiscal year in which the purchase or public possession in that State of any alcoholic beverage by a person who is less than 21 years of age is lawful (current law specifies five percent on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, and ten percent after the second fiscal year beginning after such date). Specifies that funds withheld from apportionment shall be apportioned to the other States in compliance and remain available for the period of time applicable to the category of funds withheld (currently, treatment of such funds varies based on whether funds were withheld on or before September 30, 1988). Directs that construction estimated to cost $50,000 (currently, $15,000) or more per mile or per project for projects with a length of less than one mile on forest development roads and trails be advertised and let to contract, and allows projects with less than such cost, if no acceptable bid is received, to be done by the Secretary of Agriculture. Repeals provisions under the Territorial Highway Program: (1) that Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) under which the Governor must agree not to impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated to qualify for funding. Provides that, in addition to a specified percentage, sums provided (currently, two percent) for each fiscal year may be expended upon request of the Governor with the Secretary's approval under such Program. Requires (currently, authorizes the Secretary to make) expenditures with respect to the reconstruction of the Alaska-Canada international highway. Authorizes the Secretary to give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense. Modifies provisions regarding the National Highway Institute to: (1) require that private agencies and individuals pay the full cost of any education and training received by them; and (2) authorize the Institute to engage in all phases of contract authority for training purposes authorized under Federal highway provisions and to carry out its authority independently or in cooperation with any other branch of Government, authority, association, or person. Authorizes the Institute to establish and collect fees from any entity and place them in a special account.
United States · United States Congress · 3 June 1991
Denies most-favored-nation treatment for products from India. Authorizes the President to restore such treatment if he determines, and certifies to the Congress at least 30 days prior to the time such restoration takes effect, that: (1) internationally-recognized human rights groups (such as Asia Watch and Amnesty International) are being allowed to visit any area in India and report on human rights situation there; and (2) India has taken steps to curb human rights abuses, including safeguarding the rights of political prisoners.
United States · United States Congress · 3 June 1991
Condemns: (1) the attacks on innocent children, women, and men in Armenian areas and communities in and around Nagorno-Karabakh; and (2) the indiscriminate use of force, including the shelling of civilian areas, on Armenia's eastern and southern borders. Calls for: (1) the end to the blockades and use of force and intimidation directed against Armenia and Nagorno-Karabakh; (2) the withdrawal of Soviet forces newly deployed for the purpose of intimidation; (3) dialogue among all parties involved as the only acceptable route to achieving a lasting resolution of the conflict; and (4) an immediate end to deportations of Armenians from Nagorno-Karabakh and the freedom for all refugees to return to their homes. Reconfirms the U.S. commitment to the success of democracy and self-determination in the Soviet Union and its republics by expressing its deep concern about any Soviet retribution, intimidation, or leverage against such republics.
United States · United States Congress · 23 May 1991
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five dollar gold coins emblematic of Benjamin Franklin's contributions to the advancement of science; (2) one dollar silver coins emblematic of Benjamin Franklin's contributions to the American Fire Service. Sets forth sale and issuance guidelines, including a general waiver of procurement regulations and surcharge distributions. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to set forth a fire service bill of rights, including the right of responding fire services to: (1) know the kind of danger presented by hazardous materials they face in emergency responses; and (2) be fully informed of infectious diseases their members face during the course of life safety activities. Declares that the bill of rights does not create any private right of action.
United States · United States Congress · 23 May 1991
AMERICA 2000 Excellence in Education Act - Title I: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Title II: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Title III: Teachers and School Leaders - Part A: Governor's Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Part B: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Part C: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Title IV: Educational Reform and Flexibility - Part A: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Part B: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Title V: Parental Choice of Schools - Part A: Findings - Sets forth congressional findings relating to parental choice in education. Part B: Parental Choice and Chapter 1 - Amends chapter 1 Financal Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires that LEAs with educational choice programs to explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Part C: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Part D: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Title VI: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Title VII: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Title VIII: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based, organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Title IX: General Provisions - Sets forth definitions for this Act. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this Act.
United States · United States Congress · 14 May 1991
Amends the Internal Revenue Code to permit tax-exempt organizations to establish qualified cash or deferred arrangements for their employees.
United States · United States Congress · 9 May 1991
State and Local Government Employees Section 457 Plan Deposit Insurance Preservation Act - Amends the Federal Deposit Insurance Act to provide permanent Federal deposit insurance per participant on deposits in government-sponsored retirement savings (deferred compensation) plans placed in savings associations and banks for State and local government employees and for nonprofit corporation. (Currently such insurance will expire on January 29, 1992.)
United States · United States Congress · 8 May 1991
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
United States · United States Congress · 1 May 1991
Constitutional Amendment - Declares that nothing in the Constitution shall prohibit the inclusion of voluntary prayer in any public school program or activity. Provides that neither the United States nor any State shall prescribe the content of any such prayer.
United States · United States Congress · 1 May 1991
Amends rules XXI of the Rules of the House of Representatives to require a three-fifths majority vote on the passage of any bill, amendment, or conference report that increases revenues. Amends rule XI to prohibit the Committee on Rules from reporting any rule or order to waive such requirement.
United States · United States Congress · 25 April 1991
Designates July 28, 1992, as Buffalo Soldiers Day.
United States · United States Congress · 24 April 1991
Authorizes additional appropriations for increased border patrol personnel. Makes amounts from the Department of Justice Assets Forfeiture Fund available for such purpose.
United States · United States Congress · 24 April 1991
Designates September 20, 1991, as National POW/MIA recognition Day. Requires the display of the National League of Families POW/MIA flag: (1) at all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1991 (Memorial Day), September 20, 1991 (National POW/MIA Recognition Day), and November 11, 1991 (Veteran's Day); and (2) on, or on the grounds of, the White House, and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Director of the Selective Service Commission on September 20, 1991 (National POW/MIA Recognition Day).
United States · United States Congress · 23 April 1991
Nuclear Decommissioning Reserve Fund Act of 1991 - Amends the Internal Revenue Code to: (1) decrease the rate of the tax imposed on the income of any Nuclear Decommissioning Reserve Fund; and (2) remove restrictions on permitted investments of Fund monies.
United States · United States Congress · 23 April 1991
Designates October 16, 1991, and October 16, 1992, as World Food Day.
United States · United States Congress · 23 April 1991
Designates May 22, 1991, as National Desert Storm Reservists Day to commemorate the accomplishments of the men and women of the reserve components of the U.S. Armed Forces who proudly served the United States during Operation Desert Storm.
United States · United States Congress · 17 April 1991
Vietnam POW/MIA Rescue Act - Directs the Attorney General to grant asylum to certain nationals of Laos, Vietnam, Cambodia, or Burma who assist in the return to the United States of living Vietnam POW/MIAs.
United States · United States Congress · 17 April 1991
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to repeal provisions enacted under the Omnibus Budget Reconciliation Act of 1990 which reduced Medicare reimbursement for new physicians and other new health care practitioners.
United States · United States Congress · 17 April 1991
Designates September 17, 1991, as Constitution Day.
United States · United States Congress · 16 April 1991
Federal Program Performance Standards and Goals Act of 1991 - Amends Federal law to include in the Federal budget a performance standards and goals plan for the overall budget. Directs the Office of Management and Budget (OMB) to issue regulations requiring each Federal department and agency to establish such a plan for each major expenditure category of its budget. Requires OMB to review and adjust such plans and establish an overall performance standards and goals plan for the Federal Government. Requires each bill or resolution which provides for the authorization of appropriations or for the appropriation of funds to specify performance standards and goals for such authorization or appropriation.
United States · United States Congress · 16 April 1991
Designates May 8, 1991, as National Tax Freedom Day.
United States · United States Congress · 11 April 1991
Missing Service Personnel Act of 1991 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary concerned to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 11 April 1991
Designates September 12, 1991, as National DARE (Drug Abuse Resistance Education) Day.
United States · United States Congress · 22 March 1991
Microenterprise Development Act of 1991 - Authorizes the President, acting through the Administrator of the Agency for International Development (AID), to provide assistance for microenterprises in developing countries. Directs AID to establish specified criteria for determining the financial intermediaries that will receive such assistance. Requires a significant portion of such assistance to be used to support direct credit assistance by, and the institutional development of, financial intermediaries with a primary emphasis on assisting people living in absolute poverty, especially women. Outlines funding sources for such assistance. Permits the President, in order to generate local currencies for providing such assistance, to use development and economic support fund assistance to provide assistance to developing countries on a loan basis repayable in local currencies. Sets forth minimum levels of assistance to be provided under this Act. Requires the Administrator to develop a monitoring system to evaluate AID's microenterprise development activities.
United States · United States Congress · 22 March 1991
World Summit for Children Implementation Act of 1991 - Provides for assistance in implementing the plan of action adopted by the World Summit for Children. Expresses the sense of the Congress that: (1) the U.S. Government should commit to increasing participation in the special supplemental food program for women, infants, and children under the Child Nutrition Act (the WIC program) by 20 percent per year in FY 1992 through 1996, to reach full participation by the end of FY 1996; and (2) specified minimum amounts should be appropriated for the WIC program in FY 1992 and 1993 to reach such full participation goal. Expresses the sense of the Congress that the commitment to provide full funding for the Head Start Program, contained in the Human Services Reauthorization Act of 1990, should be implemented in order that the goal of full participation of all eligible three- and four-year-old children can be reached by FY 1994. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to undertake a Children's Vaccine Initiative. Requires that the Director of the National Vaccine Program: (1) plan and coordinate the Initiative; and (2) ensure that the Public Health Service conducts vaccine research, production, and delivery activities under the Initiative in collaboration with non-governmental institutions and with other Federal agencies to ensure the full use of U.S. scientific and industrial capacity to prevent infectious disease. Authorizes appropriations for FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for contributions to the United Nations Children's Fund for activities to promote child health and other assistance programs for children (to carry out specified provisions of the Foreign Assistance Act of 1961). Amends the Foreign Assistance Act of 1961 (the Act) to authorize appropriations for FY 1992 and 1993 for special health needs of children and mothers under the Child Survival Fund. Requires that specified minimum amounts of funds under various provisions for FY 1992 and 1993 be reserved only for such specified child survival activities. Expresses the sense of the Congress that authorization, in such amounts as may be required, should be granted to the President to exercise the (Public Law 480) debt authority with respect to least developed countries that are pursuing reforms to promote long-term economic development (as provided in specified provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended by the Food, Agriculture, Conservation, and Trade Act of 1990). Amends the Act to establish a Vitamin A Deficiency Program. Reserves for such Program specified amounts in FY 1992 and 1993 from funds for development assistance for agriculture, rural development, and nutrition. Amends the Act to direct the President, in carrying out provisions for development assistance for health-related activities, to promote, encourage, and undertake activities relating to research on, and treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Authorizes appropriations for FY 1992 and 1993, for such purpose, to the International AIDS Prevention and Control Fund. Provides that such amounts shall be in addition to other amounts available for such purpose. Amends the Act to reserve specified amounts in FY 1992 and 1993, from funds for development assistance for education and under other provisions of the Act, for international basic education, including early childhood education, primary education, teacher training, other support activities, and adult literacy training. Expresses the sense of the Congress that at least specified minimum amounts should be appropriated for the Migration and Refugee Assistance account, and that at least specified minimum portions of such funds should be reserved for programs of refugee assistance overseas (in addition to amounts available for programs for Soviet, Eastern European, and other refugees resettling in Israel). Amends the Act to replace provisions for certain disadvantaged children in Asia with provisions for assistance to children in exceptionally difficult circumstances. Includes among such children street children, AIDS orphans, other orphaned and abandoned children, and children displaced by armed conflict, poverty, famine, or other disasters. Reserves specified minimum portions of certain funds under the Act in FY 1992 and 1993 for assistance for such children. Requires that such assistance be made available in accordance with policies and general authorities under certain disaster assistance provisions. Directs the President to report annually to the Congress on U.S. contributions to the achievement of the goals of the World Summit for Children, including U.S. efforts to achieve such goals in the United States and in other countries, with an analysis of past, current, and planned funding levels.
United States · United States Congress · 22 March 1991
Amends the Internal Revenue Code to make permanent the tax credit for increasing research activities.
United States · United States Congress · 20 March 1991
Grants a Federal charter to the Retired Enlisted Association, Incorporated.
United States · United States Congress · 20 March 1991
Expresses the sense of the Congress regarding admissions of minority students to institutions of higher education, especially with respect to illegal exclusion and illegal racial discrimination against Asian-Americans and other groups.
United States · United States Congress · 18 March 1991
Intangibles Amortization Clarification Act of 1991 - Amends the Internal Revenue Code to allow the amortization of customer based, market share and similar intangible items for purposes of the depreciation deduction.
United States · United States Congress · 14 March 1991
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude from the definition of "owner or operator," for purposes of limiting liability for releases of hazardous substances, a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect a security interest in such vessel or facility. Defines "indicia of ownership" as an interest in a vessel or facility acquired either for: (1) securing payment of a loan or indebtedness or the performance of an obligation; or (2) protecting a security interest. Makes liable for any release or threatened release of a hazardous substance attributable to their activities: (1) any person who causes the transfer of a vessel or facility subject to a security interest; or (2) a fiduciary or trustee who acquires ownership or control of a vessel or facility. Makes conforming amendments to the Resource Conservation and Recovery Act of 1976.
United States · United States Congress · 13 March 1991
Federal Law Enforcement Officers Death Penalty Act of 1991 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Specifies that: (1) the jury or the court, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence; and (2) the jury shall be so instructed. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record, the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 13 March 1991
Felon Handgun Purchase Prevention Act of 1991 - Amends the Federal criminal code to prohibit a licensed importer, manufacturer, or dealer from transferring a handgun from business inventory to any other person unless: (1) before the completion of the transfer the licensee contacts the hotline established under this Act; and (2) the hotline notifies the licensee that the information available does not demonstrate that the receipt of a handgun by such other person would violate provisions of the Federal criminal code (Federal provisions), or that the hotline will not be able to respond to the licensee before the end of the next business day; or (3) at least 24 hours have elapsed since the licensee first contacted the hotline with respect to the transfer and the hotline has not notified the licensee that the information available to the hotline demonstrates that the receipt of a handgun by such other person would violate such provisions. Makes such prohibition inapplicable to a handgun transfer between a licensee and another person if: (1) such other person presents to the licensee a valid permit or license, issued by the State or political subdivision in which the transfer is to occur, that authorizes such other person to purchase, possess, or carry a firearm; (2) the Secretary has approved the transfer under provisions of the Internal Revenue Code; (3) telephone service is not provided to the premises where the licensee conducts business subject to such license and is not generally available to the public in the area in which such premises are located; (4) the ability of the licensee to exchange information with the hotline is impaired due to circumstances beyond the control of the licensee; or (5) the licensee, pursuant to State law, notifies State law enforcement authorities of the proposed transfer and such authorities approve the transfer or determine that receipt of a handgun by such other person would not violate State law. Requires the licensee to include in the record of transfer the identification number provided by the hotline with respect to the transfer where the hotline notifies the licensee that the information available to the hotline does not demonstrate that the receipt of a handgun by such other person would violate Federal provisions. Establishes penalties against the licensee for knowingly failing to comply with provisions of this Act. Directs the Attorney General to: (1) establish such hotline; (2) arrange for a toll-free telephone number; (3) ensure that the hotline operates continuously; (4) ensure that not more than two percent of the initial telephone responses of the hotline contain erroneous determinations; and (5) notify each licensee of the existence, purpose, and toll-free number of the hotline. Specifies that the hotline shall not provide information to any caller with respect to another person unless: (1) the hotline verifies that the caller is a licensee; and (2) the caller states that such other person seeks to obtain a handgun and the caller provides the name and social security number (or other identifying information for a person with no number) of such other person. Directs that, if such requirements are met, the hotline: (1) inform the caller whether the information available to the hotline demonstrates that the receipt of a handgun by the person would violate Federal provisions; and (2) if such receipt would not violate such provisions, assign a unique identification number to the transfer, provide the caller with the number, and destroy all records of the hotline with respect to the call (other than the identifying number and the date the call was received) and all records of the hotline relating to the person. Requires the hotline: (1) to make every effort to provide the caller with the information required immediately or by return telephone call without delay; and (2) if it is unable to comply with such requirement due to circumstances beyond the hotline's control, to advise the caller that the response of the hotline will be delayed and the reasons for, and probable length of, the delay, and make every effort to provide the information required within 24 hours of the initial call. Authorizes the Attorney General to secure directly from any U.S. department or agency such information as necessary to enable the hotline to operate in accordance with this Act. Directs the head of such department or agency, on request of the Attorney General, to furnish such information to the hotline. Requires the Attorney General to develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel as necessary to establish and operate the hotline. Sets forth procedures for the correction of erroneous hotline information. Creates a private cause of action where a person is denied a handgun based on erroneous information provided by the hotline. Bars any U.S. department, agency, officer, or employee from: (1) requiring that any record or portion thereof maintained by the hotline be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision; or (2) using the hotline to establish any system for the registration of handguns, handgun owners, or handgun transactions or dispositions, except with respect to persons prohibited by Federal provisions from receiving a handgun. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase the percentage of funds (from five to ten percent) to be allocated by each State for the improvement of criminal justice records; and (2) include in such improvement the sharing of such records with the Attorney General for use by the hotline established under this Act.
United States · United States Congress · 13 March 1991
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 13 March 1991
Designates October 8, 1991, as National Firefighters Day.
United States · United States Congress · 13 March 1991
Designates June 1991 as Augustus F. Hawkins National Recycling Month.
United States · United States Congress · 12 March 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgment probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contact an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide for a ten-year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a Governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.
United States · United States Congress · 12 March 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burden of proof which the complaining party and the respondent must meet in certain situations relating to unlawful employment practices based on disparate impact. Declares that, for determining whether a litigated or consent judgment or order resolving a claim of employment discrimination binds only the individuals who were parties to the judgment or order, the Federal Rules of Civil Procedure shall apply in the same manner as to other civil actions. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. Amends the Civil Rights Act of 1964 to declare that an alleged unlawful employment practice occurs, with regard to a seniority system, when: (1) the system is adopted; (2) an individual becomes subject to the system; or (3) a person is injured by application of the system or provision, adopted for an intentionally discriminatory purpose, whether or not the discriminatory purpose is apparent on the face of the provision. Makes it an unlawful employment practice to harass an employee or applicant because of race, color, religion, sex, or national origin, provided the complaining party failed to use the employer's procedure for resolving harassment complaints. Provides for temporary or preliminary relief and for monetary awards to a specified maximum amount. Delays the deadline for filing charges for a limited period while an employee uses the employer's harassment resolution system. Allows expert's fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Replaces, in provisions prohibiting employment discrimination by the Federal Government, a reference to the legislative branch with a reference to the Congress, or its Houses, committees, offices or instrumentalities, or the offices of any of its Members. Gives, with respect to such entities, the authorities of the Equal Employment Opportunity Commission to each House of Congress, or to the Congress as a whole. Encourages, when knowingly and voluntarily agreed to by the parties, reasonable alternative means of dispute resolution in place of the judicial resolution of disputes under this Act and the Acts amended by this Act.
United States · United States Congress · 12 March 1991
Savings and Investment Incentive Act of 1991 - Title I: Retirement Savings Incentives - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Title II: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (2) financially devastating medical expenses.
United States · United States Congress · 7 March 1991
Plastic Recycling Assistance Act of 1991 - Directs the Administrator of the Environmental Protection Agency to require plastic containers manufactured or offered for sale in the United States to be coded to identify the principal plastic resin used in such containers. Establishes a symbol and numbers identifying specific types of resins, including degradable resins, for such codes. Prohibits States or political subdivisions from: (1) enforcing any law applicable to plastic coding unless requirements are the same as requirements under this Act; and (2) enforcing any ban on plastic containers coded in compliance with this Act unless such ban is equally applicable to containers made from other materials. Prescribes civil and criminal penalties for violations of this Act. Requires the Administrator to study and report to the Congress on technology to facilitate the automated sorting of recyclable and nonrecyclable plastics in municipal solid waste and to separate such plastics by resin type. Authorizes appropriations.
United States · United States Congress · 7 March 1991
Designates November as National American Indian Heritage Month, beginning in 1991.
United States · United States Congress · 6 March 1991
Authorizes the President to present a gold medal to General H. Norman Schwarzkopf in recognition of his exemplary performance in coordinating the planning, strategy, and execution of U.S. combat action and his invaluable contributions to the United States and to the liberation of Kuwait. Authorizes appropriations.
United States · United States Congress · 5 March 1991
United States One Dollar Coin Act of 1991 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Mandates that the obverse side of the one dollar coin have a design recognizing America's veterans. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes by a specified date (except for such quantities as are required to meet collectors' needs). Mandates that the seigniorage of the new one-dollar coins be used to offset the reverse seigniorage resulting from the destruction of Susan B. Anthony dollar coins in Government storage.
United States · United States Congress · 5 March 1991
Amends the Internal Revenue Code to increase the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. Provides for rounding inflation adjustments to tax tables to the nearest multiple of $10 (currently rounded to the next lowest multiple of $50).
United States · United States Congress · 5 March 1991
Makes permanent a provision of the Internal Revenue Code that allows the income tax deduction of 25 percent of the health insurance costs of self-employed individuals.
United States · United States Congress · 5 March 1991
Endorses a National Victory Parade in Washington, D.C., and regional victory parades throughout the United States to honor servicemen and women who participated in Operation Desert Storm. Encourages Federal, State, and local governments and private industry to get involved in supporting such parades.
United States · United States Congress · 4 March 1991
Designates September 13, 1991, as Commodore John Barry Day.
United States · United States Congress · 4 March 1991
Designates June 14, 1991, as Baltic Freedom Day.
United States · United States Congress · 28 February 1991
Nuclear Powerplant Standardization and Licensing Reform Act of 1991 - Amends the Atomic Energy Act of 1954 to require the Nuclear Regulatory Commission to grant: (1) design certifications for standardized production or utilization facilities or discrete subsystems of such facilities; and (2) early site permits for site approval for production or utilization facilities. Directs the Commission to issue a combined construction and operating license for a production or utilization facility if certain conditions are met. Requires the Commission to specify in any such license the emergency preparedness requirements that shall apply and the standards for meeting such requirements.