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![Official portrait of Rep. Kolbe, Jim [R-AZ-8]](https://www.congress.gov/img/member/k000306_200.jpg)
United States · Official source
2,386 records where Rep. Kolbe, Jim [R-AZ-8] is listed as a sponsor, author, or other actor. Search with topics and years
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
Biotechnology Patent Protection Act of 1991 - Amends Federal patent law to provide for the patentability of certain processes which are sought to be patented in the same application as the machine, manufacture, or composition of matter with which they are associated.
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
Amends the Internal Revenue Code to provide that for purposes of computing the foreign tax credit, any deduction for State or local income or franchise tax shall not be allocated or apportioned to gross income from sources outside the United States.
United States · United States Congress · 13 March 1991
Designates October 8, 1991, as National Firefighters Day.
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
Amends the judicial code to increase the number of bankruptcy judgeships for the judicial district of Arizona.
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
Comprehensive Wetlands Conservation and Management Act of 1991 - Amends the Federal Water Pollution Control Act to revise provisions concerning permits for dredged or fill material. Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. Authorizes the Secretary to issue permits for such activities. Sets forth permit application procedures. Requires the Secretary, upon receiving applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of the ecosystem of which they are a part and which meet specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of avian, aquatic, or wetland dependent wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are prior converted cropland, fastlands, or wetlands within intensely developed areas that do not serve significant wetlands functions. Directs the Secretary to notify a permit applicant of the classification. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Deems such takings to be takings of surface interests in lands only or water rights allocated under State law unless the Secretary determines that the exploration for, or development of, oil and gas or mineral interests is not compatible with conservation of the surface interests in lands that have been classified as Type A wetlands. Authorizes the Secretary to classify such interests as Type A wetlands and to notify the owner that he may receive compensation. Sets forth provisions concerning court jurisdiction and remedies for taking of interests. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or surface disturbance; (2) there are overriding public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the watershed or aquatic ecosystem of which such wetlands are a part does not suffer loss or degradation of wetlands values or functions. Imposes requirements for mitigation when such activities result in the permanent loss or degradation of Type B wetlands where such loss or degradation is not a temporary or incidental impact. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Sets forth requirements of such programs. Permits activities in Type C wetlands to be undertaken without specified authorization. Authorizes the Secretary to issue general permits on a State, regional, or nationwide basis for activities in wetlands if such activities are similar in nature and will not result in the significant loss of ecologically significant wetlands values and functions. Exempts specified activities from this Act's requirements. Permits States or political subdivisions to submit land management plans for identified wetlands for the Secretary's approval. Authorizes and directs the Secretary to establish standards that govern the delineation of lands as wetlands. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Provides for public participation in such project and makes information concerning identification and classification available to the public. Authorizes the Secretary to commence civil actions for permit violations. Prescribes civil penalties for such violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
United States · United States Congress · 7 March 1991
Legal Services Reform Act of 1991 - Imposes requirements with respect to funds provided by the Legal Services Corporation. Sets forth prohibitions, with exceptions, on redistricting activities, the solicitation of employment, certain participation in precomplaint settlement negotiations or litigation, lobbying, or the provision of defense assistance in certain drug-related eviction proceedings by fund recipients. Directs the Corporation to require each recipient to maintain records of time spent on the cases of matters with respect to which that recipient is engaged in activities. Grants the Board of Directors of nonprofit State legal services organizations which are funded by the Corporation authority to set specific priorities for the types of matters and cases to which their staffs shall devote their time and resources. Prohibits the staff of such organization from undertaking cases or matters other than in accordance with the specific priorities set by its Board, except in emergency situations defined by such Board. Requires the staff to report to the Board on a quarterly basis and to the Corporation on an annual basis on all cases undertaken other than in accordance with such priorities. Directs the Corporation to promulgate a suggested list of priorities which boards of directors may use in setting priorities. Specifies that funds derived from Interest on Lawyers Trust Accounts (IOLTA) and other non-Corporation funds shall not be expended for any purposes prohibited under this Act. Requires all grants and contracts awarded by the Corporation to be awarded under a competitive bidding system. Outlines provisions regarding: (1) termination or denial of funding under such a system; (2) distribution of funds; and (3) approval of attorney members of local boards. Prohibits fund recipients, or clients of such recipients, from claiming or collecting attorneys' fees from nongovernmental parties to litigation initiated by such clients with the assistance of such recipients. Requires the Corporation to create a fund to pay defendants or clients if a Federal court has found that an action commenced by a plaintiff with the assistance of a recipient involves a violation of Rule 11 of the Federal Rules of Civil Procedure, or if the president of the Corporation finds that such action involves a violation of the standards of Rule 11 or was commenced for the purpose of retaliation or harassment. Authorizes appropriations for such fund. Directs such president, upon application by the defendant, to award from the fund all reasonable costs and attorneys' fees incurred by the defendant in defending the action. Requires the Corporation's Board of Directors, within 90 days, to issue regulations to provide for the distribution of attorneys' fees received by a recipient. Specifies that such fees shall be transferred to the Corporation, which shall distribute such fees among its grantees for the direct delivery of legal assistance, except that, subject to approval by the Corporation, a recipient: (1) shall not be required to transfer fees or other compensation received as a result of a mandated court appointment; (2) may retain reasonable costs customarily allowed in litigation against an unsuccessful party; and (3) may retain the actual cost of bringing the action. Bars the use of funds made available to any recipient from any source to participate in any litigation with respect to abortion. Places restrictions on; (1) the bringing of a class action by a recipient, or employee of a recipient, against the Federal Government or any State or local government; and (2) the use of funds made available to a recipient to provide legal assistance for or on behalf of aliens. Bars the use of funds for the dissemination of information about particular public policies or political activities. Allows the use of such funds to advise eligible clients regarding the nature of the legislative process, or to inform such clients of their rights under any statute, order, or regulation. Directs the Corporation to undertake one or more demonstration projects to study the feasibility of using client copayments to assist in setting the service priorities of its programs. Authorizes the Corporation to adopt a permanent system of client copayments for some or all of its legal assistance programs. Prohibits any attempt, such as the creation or use of "alternative corporations," to evade the provisions of this Act. Increases the maximum compensation (from level V to level III of the Executive Schedule) for officers and employees of the Corporation. Requires the Corporation's principal office to be in the Washington, D.C. metropolitan area (current law specifies the District of Columbia.) Limits the definition of "attorney client privilege," for purposes of the Legal Services Corporation Act, to protect only communications made in confidence by a client for the purpose of seeking legal advice (but excludes the disclosure of specified information, except to the extent provided by court order, to any Federal department or agency auditing, or any auditor receiving Federal funds to conduct an audit of, the activities of the Corporation or any recipient.)
United States · United States Congress · 7 March 1991
Designates November as National American Indian Heritage Month, beginning in 1991.
United States · United States Congress · 7 March 1991
Expresses the sense of the Congress that both the legislative and executive branches should undertake efforts to better identify, analyze, and control Federal overhead expenditures and that it should be the policy of the U.S. Government to reduce its FY 1992 overhead expenditures by ten percent.
United States · United States Congress · 6 March 1991
Telephone Consumer Privacy Rights Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to prescribe regulations: (1) requiring any caller identification service offered by or through a common carrier to allow the caller to withhold the display of the caller's telephone number to the individual receiving the call; (2) prohibiting any charges from being imposed for such service; and (3) requiring every common carrier to notify subscribers that their calls may be identified to a called party (not later than 30 days before offering a call identification service or, if the private or common carrier is already offering such service, within 60 days). Exempts from such requirements any caller identification service which is: (1) used solely in connection with calls within the same limited system as the recipient telephone; (2) used on a public agency's emergency telephone line or on the line which receives the primary emergency telephone number (911); and (3) provided in connection with legally authorized call tracing or trapping procedures specifically requested by a law enforcement agency. Authorizes the waiver of such requirements where compliance is not technologically feasible. Requires any common carrier or affiliate providing automatic number identification (ANI) services to any person to provide such services under a contract or tariff containing customer information requirements that: (1) permit such person to use the telephone number and billing information provided for billing and collection, completion of the customer's call or transaction, or for services directly related to the customer's call or transaction; (2) prohibit such person from reusing or selling the telephone number or billing information provided without the customer's consent; and (3) prohibit such person from disclosing, without the customer's consent, any information derived from such service or from the analysis of the characteristics of a telecommunications transmission (such as calling patterns and locations, transmission speeds, and transaction profiles) for any purpose other than performing the services or transactions that are the subject of the customer's call, ensuring network performance, security, and the effectiveness of call delivery, compiling, using, and disclosing aggregate information, and complying with applicable law or legal process. Makes an exception to allow such person to offer to any current customer a product or service that is directly related to the products or services previously acquired by that customer. Requires each common carrier to: (1) receive and transmit to the FCC customer complaints concerning violations of customer information requirements imposed under this Act; and (2) submit to the FCC periodic reports on actions taken to obtain compliance with such requirements. Authorizes the FCC to direct the termination of ANI services to any person who has violated such customer information requirements.
United States · United States Congress · 6 March 1991
Sets forth a formula, beginning with the 1991 grazing year, for determining fees for domestic livestock grazing on public rangelands. Bases the formula on the base established by the 1966 Western Livestock Grazing Survey, the Forage Value Index, and the adjusted Beef Cattle Price Index. Prohibits annual fee adjustments greater or less than 25 percent.
United States · United States Congress · 6 March 1991
Amends the Internal Revenue Code to eliminate the age (55 or older) and dollar ($125,000) restrictions with respect to the one-time income tax exclusion of gain on the sale of a principal residence.
United States · United States Congress · 6 March 1991
Authorizes the National Committee of American Airmen Rescued by General Mihailovich to establish a memorial in the District of Columbia or its environs in his honor.
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 · 4 March 1991
Designates June 14, 1991, as Baltic Freedom Day.
United States · United States Congress · 28 February 1991
Amends the Internal Revenue Code to extend the tax exemption for qualified small issue industrial bonds (bonds issued to finance manufacturing facilities and farm property) through 1996.
United States · United States Congress · 28 February 1991
Requires the Architect of the Capitol to establish and operate a source-separated recycling program for newsprint, paper, plastic, bottles, and aluminum applicable to all offices and facilities within office buildings under the jurisdiction of the U.S. House of Representatives.
United States · United States Congress · 28 February 1991
Acclaims the President for his decisive leadership, unerring judgment, and sound decisions with respect to the Persian Gulf crisis. Commends and expresses appreciation to the members of the U.S. armed forces and other members of the international coalition who participated in Operation Desert Storm. Conveys sympathy and condolences to the families and friends of coalition and U.S. forces who were injured or killed during such operation. Expresses compassion for the families of noncombatants who suffered hardship and personal losses during the Persian Gulf War. Supports continued efforts to promote peace and stability in the Persian Gulf.
United States · United States Congress · 27 February 1991
National Recreational Trails Fund Act of 1991 - Amends the Internal Revenue Code to establish the National Recreational Trails Trust Fund (Fund). Requires the Secretary of the Treasury to pay into the Fund an amount equivalent to 0.5 percent of total Highway Trust Fund receipts, adjusted triennially to reflect revenues from nonhighway recreational fuel taxes. Requires the Secretary to use such amounts in the Fund to make grants to the States for constructing and maintaining recreational trails. Establishes the National Recreational Trails Act Advisory Committee.
United States · United States Congress · 27 February 1991
Radio Free China Act of 1991 - Amends the Board for International Broadcasting Act of 1973 to authorize funds made available to RFE/RL, Incorporated, to be used for radio broadcasting to China. Designates such broadcasts as Radio Free China.
United States · United States Congress · 27 February 1991
Directs the heads of Federal departments or agencies which hold or receive records and information which have or could possibly have been correlated to U.S. personnel listed as prisoners of war or missing in action after 1940, including from World War II and the Korean and Vietnam conflicts, to publicly disclose such records and information, except where such disclosure would compromise national security. Requires the Department of Defense to publicly disclose a complete list of such personnel including those killed in action (body not returned) with each service member's current classification as well as any changes in such classification occurring during or after such hostilities.
United States · United States Congress · 27 February 1991
Requires every educational institution that offers courses of study approved for armed forces' or veterans' educational assistance programs under the Montgomery GI Bill to: (1) credit or reimburse each member of the Selected Reserve the entire amount of tuition and fees paid by the reservist to the institution with respect to a course which the reservist is unable to complete because of being ordered to active duty; and (2) provide, upon request, for the readmission of such reservist after completion of such active duty in the same status held before such withdrawal.
United States · United States Congress · 26 February 1991
International Voluntary Family Planning Assistance Act of 1991 - Authorizes appropriations for international population planning assistance. Earmarks a specified amount of such funds for the United Nations Population Fund if: (1) the Fund maintains such funds in a separate account, without commingling; (2) none of the funds are made available for China; and (3) any agreement to obligate such funds expressly states that the full amount granted by the agreement will be refunded to the United States if U.S. funds are used for family planning in China or abortions in any country. Requires a specified amount of population planning assistance to be used to increase family planning service delivery in countries with large population growth. Prohibits any funds appropriated under this Act from being used for abortions.
United States · United States Congress · 21 February 1991
Declares that, with regard to assistance to nations in transition from communism to democracy, it is U.S. policy to provide foreign aid directly to democratic governments at the republic level in countries that include a ruling communist majority in other republic governments or at the Federal level.
United States · United States Congress · 21 February 1991
Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to allow members of the armed forces on active duty who receive unanticipated military orders for duty requiring relocation to terminate without penalty a housing lease entered into before receiving such orders by giving appropriate notice to the lessor at any time following the date of the unanticipated military orders.
United States · United States Congress · 21 February 1991
Amends Federal law to deny annuity benefits to a Member of Congress convicted of a State or Federal felony. Authorizes the restoration of such annuity: (1) if the individual is pardoned by the Governor in the case of a felony under State law; or (2) in the case of a reversal.
United States · United States Congress · 21 February 1991
Amends the Internal Revenue Code to permanently extend the period during which qualified mortgage bonds and mortgage credit certificates may be issued.
United States · United States Congress · 21 February 1991
Designates November 19, 1991, as National Philanthropy Day.
United States · United States Congress · 21 February 1991
Constitutional Amendment - Prohibits Federal expenditures from exceeding revenues for any fiscal year and from exceeding 19 percent of the gross national product for the last calendar year ending before the beginning of such fiscal year. Provides for a suspension of such prohibitions for any fiscal year for which three-fifths of the House of the Congress provides, by rollcall vote, for a specific excess of outlays over estimated revenues.
United States · United States Congress · 20 February 1991
Housing for Older Persons Act of 1991 - Amends the Fair Housing Act with regard to the religious organization or private club exemption to: (1) amend the definition of housing for older persons; and (2) make a good faith attempt at compliance a defense against civil money damages.
United States · United States Congress · 20 February 1991
Amends the Internal Revenue Code to allow penalty-free withdrawals from an individual retirement plan if distributed to an Operation Desert Storm reservist within 180 days after the termination of active duty.
United States · United States Congress · 20 February 1991
Congressional Pay Reform and Accountability Act of 1991 - Amends the Legislative Reorganization Act of 1946 to declare the rate of pay for Members of Congress to be that payable on the date of the enactment of this Act. States that the provisions of this Act applicable to the House of Representatives and the Senate are enacted by the Congress as an exercise of its rulemaking power with full recognition of the constitutional right of either House to change such rules. Amends rule VIII of the Rules of the House of Representatives and rule XII of the Standing Rules of the Senate to require: (1) a recorded vote on final passage of legislation that adjusts the pay of Members of Congress; and (2) such legislation to be considered separately from other legislation.
United States · United States Congress · 19 February 1991
Older Americans' Freedom to Work Act of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 6 February 1991
Volunteer Protection Act of 1991 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 6 February 1991
Reclamation Drought Response Act of 1991 - Authorizes the Secretary of the Interior to: (1) prepare and implement cooperative drought contingency plans for the prevention or mitigation of the adverse effects of drought; (2) make loans for certain prevention or mitigation activities; (3) purchase water for Federal reclamation project and nonproject water users; (4) provide technical assistance to certain States and U.S. territories for drought contingency planning; and (5) conduct a Precipitation Management Technology Transfer Program to help alleviate problems caused by precipitation variability and droughts in the West. Authorizes establishment of the Reclamation Drought Response Fund for defraying expenses necessary to implement cooperative drought contingency plans and to make loans for prevention or mitigation activities. Outlines provisions regarding operational costs for the delivery of water under cooperative drought contingency plans. Authorizes appropriations.
United States · United States Congress · 6 February 1991
Comprehensive Recycling Act of 1991 - Establishes as national goals: (1) the recycling of municipal waste; and (2) the creation and strengthening of markets for recycled materials. Requires the Administrator of the Environmental Protection Agency to provide technical assistance and guidance to States on recycling methods and opportunities. Directs States to develop and implement comprehensive multimaterial recycling programs. Requires such programs to be designed to provide at least 20 percent of a State's population with an opportunity to participate in such programs within two years of this Act's enactment. Provides that such programs must be available to an additional 20 percent of a State's population every two years, until the entire population is provided with such opportunity. Sets forth minimum program requirements. Deems a State or its municipalities to be in compliance with this Act if they have in place an alternative program that meets this Act's requirements. Requires States to include recycling programs in the regional solid waste plan required by the Solid Waste Disposal Act. Makes States with approved plans eligible for Federal assistance for recycling infrastructures. Amends the Solid Waste Disposal Act to require the Administrator to make grants to States for the development of programs to promote the use of recycling techniques by businesses, local governments, or regional waste management authorities.
United States · United States Congress · 6 February 1991
Declares that it is U.S. policy that if trade, medical, and other assistance and benefits are allocated for the Soviet Union, an equitable amount of such assistance shall be provided to Lithuania, Latvia, and Estonia. Permits such assistance to be provided through the independent governments of Lithuania, Latvia, and Estonia and through private voluntary organizations. Expresses the sense of the Congress that: (1) member nations of, and nations granted observer status to, the Commission on Security and Cooperation in Europe (CSCE) should take steps to implement policies comparable to U.S. policy; and (2) the President should instruct the U.S. representative to the CSCE to raise such issue at appropriate fora.
United States · United States Congress · 6 February 1991
Amends the Internal Revenue Code to increase the exclusion from gross income for combat pay of commissioned officers (from $500 to $2,000 monthly).
United States · United States Congress · 6 February 1991
Designates the month of May 1991 as National Physical Fitness and Sports Month.
United States · United States Congress · 5 February 1991
Protection Against Terrorism Act of 1991 - Title I: Terrorism Death Penalty Act of 1991 - Amends the Federal criminal code to authorize the imposition of the death penalty for any individual who kills a person while such person is inside the United States, or kills a U.S. national while such national is outside the United States, if the killing is a first degree murder. Increases penalties for killings other than first degree murders. Makes penalties with respect to homicide, attempt or conspiracy to commit homicide, and engaging in physical violence with the intent or result of causing serious bodily harm applicable to persons inside the United States or U.S. nationals while outside the United States (current law only applies where such a person was a U.S. national). Increases penalties for attempted murder and for engaging in physical violence with the intent or result of causing serious bodily harm. Sets forth procedures for the imposition of the death penalty. Requires that a defendant be sentenced to death for a death-eligible offense if, after consideration of specified mitigating and aggravating factors, the defendant is found beyond a reasonable doubt, at a special hearing, to have intentionally: (1) killed the victim; (2) inflicted serious bodily injury that resulted in the death of the victim; (3) participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or (4) engaged in an act knowing that such act created a grave risk of death to a person, other than one of the participants, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act. Prohibits sentencing to death any person who was under age 16 at the time of the offense. Sets forth provisions with respect to notice by the Government that it intends to seek the death penalty if the defendant is convicted, the conduct of a special hearing to determine whether a sentence of death is justified, mitigating and aggravating factors to be considered, proof of such factors, the return of findings, and procedures for appeal and review of a sentence of death. Requires the court, in a hearing held before a jury, to instruct the jury that, in considering whether a death sentence is justified, it shall not consider the race, color, national origin, creed, or sex of the defendant. Authorizes the use of State or local facilities and employees to carry out the death penalty. Prohibits requiring any employee of a State department of corrections or the Federal Bureau of Prisons, or an employee providing services to such department or bureau under contract, as a condition of such employment or contractual obligation, to be in attendance at or to participate in any execution carried out under this title if such participation is contrary to the employee's moral or religious convictions. Title II: 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. 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) include as excludable aliens those with respect to whom the consular officer or the Attorney General knows or has reasonable ground to believe are engaging in, have engaged in, or probably would, after entry, engage in terrorist activity; (2) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (3) 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 (4) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Title III: Counterintelligence Access to Telephone Toll and Transactional Records - 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.
United States · United States Congress · 5 February 1991
Grand Canyon Protection Act of 1991 - Requires the Secretary of the Interior to operate Glen Canyon Dam in such a manner as to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established. Directs the Secretary to: (1) develop a plan for operating the Dam on an interim basis to protect, mitigate adverse effects to, and improve the condition of the natural, recreational, and cultural resources of the Park and Recreation Area; and (2) implement the plan on the earlier of September 1, 1991, or the date of cessation of research flows used for preparing an environmental impact statement ordered by the Secretary. Enumerates certain objectives to be included in the plan as implemented, including noninterference with the water storage and delivery functions of the Dam, the minimization of adverse environmental impacts of the Dam operations on the downstream Park and Recreation Area, and adjustment and monitoring of sufficient water flows downstream from the Dam. Directs the Secretary to consult with appropriate agencies of the Department of the Interior, the Secretary of Energy, the Governors of affected States, and affected Indian tribes in the development and implementation of the plan. Authorizes the Secretary to deviate from the plan if found necessary and in the public interest. Requires the Secretary to complete a final Glen Canyon Dam environmental impact statement within three years after enactment of this Act. Directs the Secretary to: (1) adopt criteria and operating plans separate from those specified under the Colorado River Basin Project Act of 1968; and (2) ensure that the Dam is operated in a manner consistent with the protection of the Park and Recreation Area. Requires the Secretary to establish and implement long-term monitoring requirements to assure that the Dam is operated in a manner consistent with the protection of the Park and the Recreation Area downstream. Provides that costs of preparing the environmental impact statement and conducting long-term monitoring shall be nonreimbursable. Permits the Secretary to use funds received from the sale of electric power and energy from the Colorado River Storage Project to prepare the environmental impact statement and to conduct the monitoring. Authorizes appropriations.
United States · United States Congress · 4 February 1991
Amends the Federal judicial code to make an individual ineligible to receive witness fees or allowances, if at the time he or she is to appear in court as a witness, such individual is incarcerated. Makes an exception in the case of a person detained as a material witness.