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Official portrait of Rep. Lewis, Thomas F. [R-FL-12]

Rep. Lewis, Thomas F. [R-FL-12]

United States · Official source

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2,261 records where Rep. Lewis, Thomas F. [R-FL-12] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 1693 (102nd)referred

Private Long-Term Care Insurance and Accelerated Death Benefit Incentive Act of 1991

United States · United States Congress · 10 April 1991

Private Long-Term Care Insurance and Accelerated Death Benefit Incentive Act of 1991 - Amends the Internal Revenue Code to provide for treatment of: (1) long-term care insurance contracts to be treated as accident or health insurance contracts; (2) amounts received under such contracts with respect to qualified long-term care services as amounts received for personal injuries or sickness; and (3) employer plans providing such services as an accident or health plan. Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Excludes benefits received under such contracts from gross income. Provides for the treatment of prefunded post-retirement long-term care benefits plans in the same manner as prefunded post-retirement medical and life insurance benefit plans. Permits qualified long-term care insurance contracts to be offered in cafeteria plans (plans which offer two or more benefits). Allows the tax-free exchange of life insurance contracts for long-term care insurance contracts. Provides for the treatment of amounts paid to a terminally ill individual or one who is chronically ill and confined to a qualified facility as death benefits. Allows insurance companies to issue such accelerated death benefit riders on life insurance contracts. Declares that gross income does include excessive long-term care benefits.

Bill· HRH.R. 1681 (102nd)open

FEGLI Living Benefits Act

United States · United States Congress · 10 April 1991

FEGLI Living Benefits Act - Provides that a Federal employee enrolled in the Federal Employees Group Life Insurance Program who has been diagnosed as terminally ill with a life expectancy of nine months or less may elect to receive a lump-sum payment of his or her basic insurance amount, as adjusted actuarially under regulations of the Office of Personnel Management.

Bill· HRH.R. 1707 (102nd)referred

To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to maintain the current Federal-State funding ratio for certain formula grants.

United States · United States Congress · 10 April 1991

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to maintain for FY 1992 the current Federal-State funding ratio (75 percent Federal, 25 percent State) for the Bureau of Justice Assistance's block grant program (assistance to local law enforcement agencies).

Bill· HRH.R. 1667 (102nd)open

To permanently prohibit the Secretary of the Interior from preparing for or conducting any activity under the Outer Continental Shelf Lands Act on certain portions of the outer continental shelf off the State of Florida, to prohibit activities other than certain required environmental or oceanographic studies under the Outer Continental Shelf Lands Act within the part of the Eastern Gulf of Mexico Planning Area lying off the State of Florida, and for other purposes.

United States · United States Congress · 9 April 1991

Prohibits the Secretary of the Interior from preparing for or conducting any activity under the Outer Continental Shelf Lands Act with respect to certain submerged lands off the State of Florida. Mandates that all leases in such area issued before enactment of this Act be cancelled. Requires the Secretary to report annually to the Congress on the status of such cancellations. Provides for compensation to entitled lessees. Prohibits any activities other than environmental or oceanographic studies in a certain part of the Eastern Gulf of Mexico Planning Area off the western boundary of Florida. Directs the Secretary to undertake certain environmental studies. Authorizes appropriations.

Bill· HRH.R. 1599 (102nd)open

To amend title 23, United States Code, to increase the minimum allocation highway funding requirement from 85 percent to 90 percent.

United States · United States Congress · 22 March 1991

Requires that the Secretary of Transportation's apportioned allocation to a State for the Federal-aid highway program be not less than 90 percent (currently 85 percent) of the percentage of the estimated tax payments attributable to highway users in that State paid into the Highway Trust Fund.

Bill· HRH.R. 1653 (102nd)referred

Agricultural Extended Retirement Credit Act of 1991

United States · United States Congress · 22 March 1991

Agricultural Extended Retirement Credit Act of 1991 - Extends creditable service under the Civil Service Retirement System for periods of service in certain Federal-State cooperative programs which had agricultural or related purposes. Directs the Secretary of Agriculture to transfer to the Department of Agriculture's Surplus Fund the savings resulting from the expedited retirement of those employees of the Department who have been extended such credit. Prohibits the obligation or expenditure of any budget authority or outlays saved in any fiscal year by reason of implementation of this Act. Requires the surplus budget authority and outlays transferred to the fund to be: (1) deposited by the Secretary in the Treasury to the credit of the Civil Service Retirement Fund, as a Government contribution; and (2) credited against pay and other personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the Comptroller General to notify the Congress of each instance of noncompliance with the requirements of this Act.

Bill· HRH.R. 1652 (102nd)referred

To amend the Internal Revenue Code of 1986 to extend for 5 years the energy investment credit for solar energy and geothermal property and to allow such credit against the entire regular tax and the alternative minimum tax.

United States · United States Congress · 22 March 1991

Amends the Internal Revenue Code to: (1) extend for five years, through 1996, the investment tax credit in connection with depreciable solar energy property and geothermal property; and (2) permit this credit against the taxpayer's entire regular tax liability and minimum tax liability.

Resolution· HCONRESH.Con.Res. 111 (102nd)referred

Urging the President and the United States Trade Representative not to propose or support the inclusion of civil air transport services under the General Agreement on Trade in Services that is being negotiated under the auspices of the General Agreement on Tariffs and Trade.

United States · United States Congress · 22 March 1991

Urges the President and the United States Trade Representative: (1) not to include civil air transport services under the General Agreement on Trade in Services that is being negotiated under the General Agreement on Tariffs and Trade; nor (2) to require future negotiations to include such services under such Agreement.

Bill· HRH.R. 1572 (102nd)referred

Private Property Rights Act of 1991

United States · United States Congress · 21 March 1991

Private Property Rights Act of 1991 - Prohibits any regulation issued by an executive agency from becoming effective until that agency is certified by the Attorney General as being in compliance with Executive Order 12630 or similar procedures to assess the potential for, and minimize, the taking of private property by regulatory activity. Limits judicial review of an action taken pursuant to this Act to the question of certification. Directs the Secretary of Agriculture to: (1) study the effect this Act will have on the farm economy and agricultural production; and (2) report to specified congressional comittees on necessary actions to limit that effect and on Department of Agriculture procedures to minimize the taking of private property in regulatory procedures.

Bill· HRH.R. 1551 (102nd)referred

Drug Free Truck Stop Act of 1991

United States · United States Congress · 21 March 1991

Drug Free Truck Stop Act of 1991 - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.

Bill· HRH.R. 1546 (102nd)referred

To amend the Congressional Budget Act of 1974 to minimize the impact on State and local governments of unexpected provisions of legislation proposing the imposition of large unfunded costs on such governments, and for other purposes.

United States · United States Congress · 21 March 1991

Amends the Congressional Budget Act of 1974 to provide that it shall not be in order for either House of Congress to consider any legislation which would impose any requirement on State or local governments which is likely to result in an annual cost to such governments of $50,000,000 or more for any particular program, project, or activity, except for legislation which complies with any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget to identify changes in Federal aid programs for State and local governments on a program-by-program basis.

Bill· HRH.R. 1547 (102nd)referred

Intergovernmental Mandate Relief Act of 1991

United States · United States Congress · 21 March 1991

Intergovernmental Mandate Relief Act of 1991 - Prohibits a Federal agency or court from requiring compliance in any fiscal year by State or local governments with any intergovernmental regulation unless provisions of law have been enacted which compensate such governments for additional direct costs incurred by such compliance. Declares that the compensation requirement may be waived by the enactment of a joint resolution of the Congress. Requires the Director of the Congressional Budget Office (CBO) to estimate such additional direct costs and include such estimates in annual reports to the President and the Congress. Requires congressional committees to propose amendments to significant laws for which regulations will be promulgated containing provisions to compensate State and local governments for additional direct costs of complying with any intergovernmental regulation which takes effect on or after enactment of this Act. Establishes procedures for Federal agencies to reimburse State governments for additional direct costs and for State governments to reimburse local governments for such costs. Amends the Congressional Budget Act of 1974 to require CBO to prepare cost estimates for bills or resolutions which are likely to cost State and local governments $100,000,000 (currently, $200,000,000) or more annually.

Resolution· HCONRESH.Con.Res. 105 (102nd)reported

Calling for a United States policy of strengthening and maintaining indefinitely the current International Whaling Commission moratorium on the commercial killing of whales, and other wise expressing the sense of the Congress with respect to conserving and protecting the world's whale, dolphin, and porpoise populations.

United States · United States Congress · 21 March 1991

Expresses the sense of the Congress that the United States should: (1) promote the maximum conservation and protection of whale, dolphin, and porpoise populations; (2) work to strengthen and maintain the current International Whaling Commission moratorium on the commercial killing of whales; (3) work to strengthen the Commission by reaffirming its competence to regulate whaling on all species of cetaceans and take actions to assure global protection for small cetaceans; and (4) in promoting protection, make use of diplomatic channels, domestic and international law, and all other means.

Bill· HRH.R. 1538 (102nd)reported

National Electric Vehicle Act of 1991

United States · United States Congress · 20 March 1991

National Electric Vehicle Act of 1991 - Title I: Electric Vehicle and Battery Research and Development Program - Defines "advanced battery technology" to mean electro-chemical storage devices, including fuel cells, and associated technology to charge such devices, for use as a power source in electric vehicles. Directs the Secretary of Energy to establish a cooperative program with the electric utility industry, the automobile industry, and such other persons or industries to conduct joint cooperative research and development projects in areas of: (1) high efficiency electric power trains; (2) light-weight body structures; (3) advanced battery technology for electric vehicles; (4) primary batteries and fuel cells for hybrid vehicles; and (5) photovoltaics for electric vehicles. Authorizes the Secretary to include in such program any projects that were entered into under the Federal Nonnuclear Energy Research and Development Act of 1974 or the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976. Requires the Secretary to prepare a comprehensive multi-year program plan for implementation of this title. Requires the Secretary to conduct a program designed to accelerate wider application of advanced electric vehicle technology, including advanced battery technologies. Requires the Secretary to consult with the Administrator of the Environmental Protection Agency and the Secretary of Transportation. Authorizes appropriations. Title II: Electric Vehicle Commercial Demonstration Program - Subtitle A: Electric Vehicle Cost-Share Commercial Demonstrations - Requires the Secretary to request proposals to demonstrate electric vehicles and associated equipment in one or more eligible metropolitan areas. Sets forth specified information to be included in such proposal. Authorizes the Secretary to select one or more proposals (not to exceed ten) to receive financial assistance under this section. Sets forth criteria to be used by the Secretary in selecting a proposal. Requires the Secretary to provide a discount payment reimbursing a proposer for a discount provided to users of electric vehicles if the proposer makes a specified certification to the Secretary. Requires the Secretary to report annually to the Congress on the progress of demonstration projects to accelerate the development and use of electric vehicles. Authorizes appropriations. Subtitle B: Data Acquisition Program - Directs the Secretary to establish a data collection program to be conducted in at least five geographically and climatically diverse regions in the United States which would be useful to persons seeking to manufacture, sell, own, or operate electric vehicles or other clean alternative fuel vehicles. Subtitle C: Federal Fleet Demonstration Program - Amends the Energy Policy and Conservation Act to require the Secretary to ensure that the maximum number of passenger automobiles and light duty trucks acquired for use by the Federal Government be alcohol powered vehicles, dual energy vehicles, natural gas powered vehicles, natural gas dual energy vehicles, or electric vehicles. Authorizes appropriations. Title III: Electric Vehicle Infrastructure Development Program - Subtitle A: Infrastructure Joint Venture Program - Directs the Secretary to enter into joint ventures with one or more non-Federal persons for cost-shared research, development, or demonstration of an infrastructure program or system designed to support the use of electric vehicles. Requires the Secretary to solicit no more than five different proposals for such joint ventures. Authorizes appropriations. Subtitle B: State and Local Incentives Programs - Directs the Secretary to issue regulations establishing guidelines for comprehensive State electric vehicle and other clean alternative fuel vehicle incentives and implementation plans designed to accelerate the use of such vehicles. Sets forth specified requirements with respect to such State plans. Authorizes the Secretary to provide Federal assistance to such States. Requires the Secretary to undertake a study to determine the means by which electric utilities may invest in, own, sell, lease, or service batteries used to power electric vehicles. Authorizes appropriations.

Bill· HRH.R. 1534 (102nd)referred

To require the Secretary of Health and Human Services to submit a report to the Congress regarding the national health care systems of certain industrialized countries.

United States · United States Congress · 20 March 1991

Directs the Secretary of Health and Human Services to conduct a study and report to the Congress on the health care systems of 14 specified countries, comparing and contrasting the U.S. system with regard to costs to the country, costs to an individual receiving care, availability of basic services, and the role of private insurance.

Bill· HRH.R. 1474 (102nd)referred

Public Interest Risk Allocation Act of 1991

United States · United States Congress · 19 March 1991

Public Interest Risk Allocation Act of 1991 - Requires the United States to hold harmless and indemnify any Government contractor which provides architectural or engineering services (a design professional) against any liability (for damages arising from personal injury, illness, or death or from damage to, or loss of use of, property) resulting from activities that have a substantial risk of injury to the extent such liability exceeds the amount of insurance required by this Act up to a limit of the greater of $5,000,000,000 or five times the value of the contract. Requires all claims for injury to be filed in a U.S. District Court within ten years of the date of public use occupancy, or control of the project for which the design professionals' services were undertaken, whichever first occurs. Includes court costs and attorney fees to defend such claims under such indemnification. Prohibits a design professional from being liable for damages unless the claimant establishes by a preponderance of the evidence that the negligence of the design professional was the proximate cause of harm. Limits the liability of the design professional to the sum of: (1) the amount of the commercial insurance or self-insurance protection the design professional is required to carry; and (2) the amount of indemnification provided by the United States. Requires Federal agencies, before issuing a solicitation for each contract or a contract modification for design services: (1) to determine if such contract or modification carries a risk of injury in excess of reasonably available insurance; and (2) if so, to include a clause to that effect in the solicitation, the contract, and any covered contract modification as appropriate. Provides the exclusive relief available for professional liability against a design professional under a contract with such a clause. Prohibits such indemnification of a design professional firm for: (1) liability caused by the gross negligence, intentional misconduct, or bad faith of its director, officer, or managing official; and (2) the liability of any managing official or other employee of such a firm who acts in reckless disregard of public health and safety. Requires a design professional to secure insurance or self-insurance as: (1) agreed upon with the United States at the time of contracting; or (2) is reasonable under the circumstances, in the absence of such an agreement or in the event of loss of coverage through no fault of either party, provided that aggregate payments by the design professional shall not exceed the value of contract profits or the greater of $1,000,000,000 or one percent of the contract value and shall constitute payment in full of the design professional's share of liability. Requires a design professional to notify the United States within a reasonable period of any claim or action against it which may give rise to a claim for indemnification. Permits the United States to notify the design professional that the Government will assume control of the defense or settlement of any such claim or action. Requires the United States to assume the cost of such litigation. Requires a design professional seeking indemnification to present a claim to the contracting agency. Requires such claim to be determined under the Contract Disputes Act of 1978. Allows a design professional aggrieved by the agency's determination to appeal such determination under that Act. Permits the United States to discharge its indemnification obligation by making payments directly to the person to whom the design professional may be liable. Directs the Administrator for the Office of Federal Procurement Policy to: (1) establish guidelines for determining whether the amount of insurance maintained by the design professional is reasonable; and (2) provide that any such insurance premiums are recoverable as allowable costs under the contract, and that such guidelines are subject to periodic review. Declares that the provisions of this Act shall not: (1) apply with respect to any risks against which indemnification may be obtained under the Atomic Energy Act of 1954; (2) limit or prevent the use of existing statutory authority to provide indemnification for liability, harm, or expense for which indemnification is not required under this Act; or (3) be construed to create any liability of the Government to any person other than to design professionals for indemnification. Authorizes a permanent judgment appropriation to pay indemnification claims.

Bill· HRH.R. 1482 (102nd)referred

Resident Physician Student Loan Deferment Act

United States · United States Congress · 19 March 1991

Resident Physician Student Loan Deferment Act - Amends the Higher Education Act of 1965 to allow resident physicians to defer repayment of certain student loans while serving in a medical internship or resident training program accredited by the Accreditation Council for Graduate Medical Education or the Accrediting Committee of the American Osteopathic Association.

Bill· HRH.R. 1468 (102nd)referred

To authorize and direct the General Accounting Office to audit the Federal Reserve Board, the Federal Advisory Council, the Federal Open Market Committee, and Federal Reserve banks and their branches.

United States · United States Congress · 19 March 1991

Directs the Comptroller General to conduct an annual audit of the Federal Reserve Board, the Federal Advisory Council, the Federal Open Market Committee, and all Federal Reserve banks and their branches. Requires the Comptroller General, within six months after the end of each fiscal year, to report to the Congress on the results of such audit.

Bill· HRH.R. 1473 (102nd)referred

To repeal section 3205 of title 38, United States Code.

United States · United States Congress · 19 March 1991

Repeals a Federal provision prohibiting the payment of veterans' disability compensation to an incompetent veteran having no spouse, child, or dependent when such veteran's estate value exceeds $25,000, until such estate value is reduced to less than $10,000.

Bill· HRH.R. 1456 (102nd)open

Intangibles Amortization Clarification Act of 1991

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.

Bill· HRH.R. 1450 (102nd)referred

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Resource Conservation and Recovery Act of 1976 to limit the liability under those Acts of fiduciaries and of lending institutions and other holding indicia of ownership primarily to protect a security interest in facilities subject to those Acts.

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.

Bill· HRH.R. 1412 (102nd)referred

Felon Handgun Purchase Prevention Act of 1991

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.

Bill· HRH.R. 1400 (102nd)open

Comprehensive Violent Crime Control Act of 1991

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.

Bill· HRH.R. 1375 (102nd)referred

Civil Rights Act of 1991

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.

Bill· HRH.R. 1406 (102nd)referred

Savings and Investment Incentive Act of 1991

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.

Bill· HRH.R. 1348 (102nd)referred

Entitled, "The Public Pension Equity Restoration Act of 1991".

United States · United States Congress · 7 March 1991

Amends the Internal Revenue Code to exclude State and local governmental plans from the limitation on benefits exceeding 100 percent of the participant's average compensation for the high three years. Provides that qualified governmental excess benefit arrangements shall not be taken into account in determining whether pension plans meet the limitations on benefits and contributions of qualified plans. Requires taxation of such benefits as if they were provided under a deferred compensation plan maintained by a corporation not exempt from tax which does not meet the requirements of qualified pension, profit-sharing, and stock bonus plans. Exempts disability income received as a pension, annuity, or similar allowance as a result of personal injuries or sickness from the reduced dollar limitation for defined benefit plans where the employee has less than ten years participation or the retirement benefit begins before the social security retirement age. Revises the special rule for State and local government plans which requires such limitation to equal the accrued benefit to allow the election of such rule to be revoked under certain circumstances.

Bill· HRH.R. 1354 (102nd)referred

To end the use of steel jaw leghold traps on animals in the United States.

United States · United States Congress · 7 March 1991

Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and of articles of fur derived from animals trapped in such traps. Prescribes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture.

Bill· HRH.R. 1317 (102nd)referred

To restrict United States economic and military assistance to Jordan.

United States · United States Congress · 7 March 1991

Suspends U.S. economic and military assistance to Jordan. Waives such suspension if the President notifies the Congress that such waiver is in the U.S. national interest. Requires the President, unless such notification is made, to: (1) terminate or suspend any trade agreement or treaty providing for most-favored-nation trade treatment to Jordan; (2) deny such treatment to Jordan and subject Jordanian products to the rates of duty set forth in duty column number 2 of the Harmonized Tariff Schedule of the United States; and (3) make the Generalized System of Preferences under the Trade Act of 1974 inapplicable to Jordan.

Resolution· HRESH.Res. 108 (102nd)referred

Targeted Tax Relief Disclosure Resolution of 1991

United States · United States Congress · 7 March 1991

Targeted Tax Relief Disclosure Resolution of 1991 - Amends rule X of the Rules of the House of Representatives to require that each public bill or joint resolution reported by the Committee on Ways and Means identify: (1) each provision (if any) of the bill or joint resolution which is intended to provide special benefits with respect to five or fewer taxpayers, transactions, events, items of property, projects, or issuances of bonds; (2) each beneficiary (known by the Committee) of such provision; (3) the Member or Members of the Congress who sponsored the inclusion of each such beneficiary in such provision; and (4) an estimate by the Joint Committee on Taxation of the loss in revenues resulting from such provision with respect to each such beneficiary for the fiscal year for which such loss in revenues first occurs and each of the five fiscal years thereafter.

Bill· HRH.R. 1310 (102nd)referred

Prostate Cancer Public Awareness Act of 1991

United States · United States Congress · 6 March 1991

Prostate Cancer Public Awareness Act of 1991 - Amends the Public Health Service Act to provide for a program of public and patient information on prostate cancer.

Bill· HRH.R. 1296 (102nd)referred

To authorize the President to award a gold medal on behalf of the Congress to General H. Norman Schwarzkopf and to provide for the production of bronze duplicates of such medal for sale to the public.

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.