Skip to content
PoliticalRepoPoliticalRepo

Person

Official portrait of Rep. Martin, David O'B. [R-NY-26]

Rep. Martin, David O'B. [R-NY-26]

United States · Official source

Records

1,563 records where Rep. Martin, David O'B. [R-NY-26] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HJRESH.J.Res. 231 (102nd)open

Designating May 22, 1991, as "National Desert Storm Reservists Day".

United States · United States Congress · 23 April 1991

Designates May 22, 1991, as National Desert Storm Reservists Day to commemorate the accomplishments of the men and women of the reserve components of the U.S. Armed Forces who proudly served the United States during Operation Desert Storm.

Bill· HRH.R. 1860 (102nd)referred

To amend the Internal Revenue Code of 1986 to clarify the treatment of certain amounts received by a cooperative telephone company indirectly from its members.

United States · United States Congress · 17 April 1991

Amends the Internal Revenue Code with respect to the tax-exempt status of a cooperative telephone company to provide for the tax treatment of income received from a nonmember telephone company for services by the cooperative which are indirectly paid for by members of the cooperative. Includes billing and collection services for a nonmember telephone company under such treatment.

Bill· HRH.R. 1790 (102nd)open

Design Innovation and Technology Act of 1991

United States · United States Congress · 16 April 1991

Design Innovation and Technology Act of 1991 - Amends the copyright law to provide for the protection of industrial designs of useful articles (including typefonts), except designs that are: (1) not original; (2) staple or commonplace; (3) different from commonplace or staple designs in insignificant ways; (4) determined solely by a utilitarian function; (5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than one year before the date of application for registration; (6) composed of three-dimensional features of shape and surface in wearing apparel; (7) a semiconductor chip product already protected under another provision; (8) embodying a process or idea or system; or (9) for motor vehicle glass. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Sets the term of protection at ten years. Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Grants the owner of a protected design the exclusive right to make, import, or distribute for sale or use in trade any useful article embodying such design. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design through a certificate of registration. Sets fees for services relating to the administration of this Act. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Requires the Secretary of Treasury and the U.S. Postal Service to issue regulations for the enforcement of rights concerning importation of useful articles. Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected.

Resolution· HRESH.Res. 125 (102nd)referred

To amend rule XLVIII of the Rules of the House of Representatives to provide for a phased reduction in the size of the Permanent Select Committee on Intelligence.

United States · United States Congress · 16 April 1991

Amends rule XLVIII of the Rules of the House of Representatives to reduce the size of the Permanent Select Committee on Intelligence from: (1) a maximum of 19 to 16 members beginning on January 21, 1993; (2) a maximum of 16 to 15 members beginning on November 18, 1993; and (3) a maximum of 15 to 13 members beginning with the 104th Congress.

Bill· HRH.R. 1768 (102nd)referred

Pornography Victims Protection Act of 1991

United States · United States Congress · 15 April 1991

Pornography Victims Protection Act of 1991 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned knows that a minor was transported in interstate or foreign commerce for the purpose of producing pornography. Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct. Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage. Imposes civil penalties for violation of the prohibition against sexual exploitation of children.

Bill· HRH.R. 1751 (102nd)open

Fair Credit Reporting Amendments of 1991

United States · United States Congress · 11 April 1991

Fair Credit Reporting Amendments of 1991 - Amends the Fair Credit Reporting Act to require consumer reporting agencies to disclose promptly to a consumer any adverse information the agency receives. Directs the Board of Governors of the Federal Reserve System to prescribe regulations defining "adverse information."

Bill· HRH.R. 1733 (102nd)referred

To amend the Internal Revenue Code of 1986 to provide an exemption from income tax for certain common investment funds.

United States · United States Congress · 11 April 1991

Amends the Internal Revenue Code to permit tax-exempt private foundations and community foundations to establish tax-exempt cooperative service organizations to operate exclusively for charitable purposes. Declares that the excise tax based on investment income applies to such organizations.

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.

Law· HRH.R. 1628 (102nd)enacted

To authorize the construction of a monument in the District of Columbia or its environs to honor Thomas Paine, and for other purposes.

United States · United States Congress · 22 March 1991

Authorizes the Thomas Paine National Historical Association U.S.A. Memorial Foundation to construct in the District of Columbia or its environs an appropriate monument honoring the American patriot, Thomas Paine. Prohibits the use of Federal funds for the establishment of the memorial.

Bill· HRH.R. 1624 (102nd)open

To provide for the establishment of a memorial on Federal land within the District of Columbia to honor members of the Armed Forces who served in World War II, and to express the sense of Congress concerning the United States' participation in that conflict.

United States · United States Congress · 22 March 1991

Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its environs to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction and maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for: (1) site preparation, design, planning, and associated administrative costs for establishment of the memorial; and (2) construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes the transfer of Federal property to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.

Bill· HRH.R. 1623 (102nd)referred

World War II 50th Anniversary Commemorative Coin Act

United States · United States Congress · 22 March 1991

World War II 50th Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins. Directs the Secretary of the Treasury to issue and mint such coins in five dollar, one dollar, and half dollar denominations. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.

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. 1568 (102nd)referred

To direct the Administrator of the Federal Aviation Administration to initiate a rulemaking proceeding for the purpose of improving access to overwing emergency exists of aircraft.

United States · United States Congress · 21 March 1991

Directs the Administrator of the Federal Aviation Administration (FAA) to initiate a rulemaking proceeding to improve access to overwing emergency exits of aircraft in accordance with recommendations contained in FAA report AM-89-14, entitled "Influence of Adjacent Seating Configuration on Egress Through a Type III Emergency Exit."

Bill· HRH.R. 1494 (102nd)referred

To establish on a temporary basis a minimum basic formula price for the computation of Class I milk prices.

United States · United States Congress · 19 March 1991

Directs the Secretary of Agriculture: (1) to establish through December 31, 1991, a minimum basic formula price for Class I (beverage use) milk that shall not be less than the August 1990 price; and (2) pool the proceeds from such formula uniformly among producers. Directs the Secretary to make loan guarantees for facility upgrades through December 31, 1992. Sets forth minimum solid content for beverage milk (whole, lowfat, and skim). Amends the Agricultural Act of 1949 to direct the Commodity Credit Corporation to encourage the export of heifers through the export enhancement program under specified conditions.

Bill· HRH.R. 1485 (102nd)referred

To amend the Internal Revenue Code of 1986 to provide that certified public accountants and enrolled agents may represent taxpayers in certain Tax Court cases involving $10,000 or less.

United States · United States Congress · 19 March 1991

Amends the Internal Revenue Code to allow a certified public accountant or an enrolled agent authorized to practice before the Internal Revenue Service to represent a taxpayer in Tax Court proceedings involving $10,000 or less.

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. 1454 (102nd)referred

Horn of Africa Recovery and Food Security Act of 1991

United States · United States Congress · 14 March 1991

Horn of Africa Recovery and Food Security Act of 1991 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for civil strife relief and rehabilitation in the Horn of Africa (Ethiopia, Somalia, and Sudan). Amends the Agricultural Trade Development and Assistance Act of 1954 to authorize the President to provide supplemental emergency food assistance for civilian victims of civil strife in the Horn of Africa. Permits the President to transfer funds from unobligated amounts in the economic support fund (ESF) and military assistance to carry out this Act. Makes available a percentage of assistance for management support activities of the Agency for International Development. Requires the President to consult with other nations, armed and unarmed parties in the Horn of Africa, and the United Nations Secretary General to bring about negotiated settlements of the wars in the region. Expresses the sense of the Congress that the President should: (1) direct the U.S. representative to the United Nations to take specified steps with respect to peace and the implementation of an arms embargo in the region; (2) play an active role in other fora in pressing for settlements to such wars; and (3) participate in regional and international peace consultations. Declares that development assistance in the Horn of Africa should be targeted to aid the poor. States that U.S. Government aid institutions should seek to: (1) build upon the capabilities and experiences of organizations active in local grassroots relief, rehabilitation, and development efforts; (2) consult with such organizations and incorporate their views into the policymaking process; and (3) support the expansion of their activities without compromising their private nature. Declares that current legislative provisions that restrict assistance to Ethiopia, Somalia, and Sudan should be retained until concrete steps toward peace, democracy, and human rights are achieved. States that development assistance should be: (1) targeted to the voluntary relocation and repatriation of displaced persons and refugees; and (2) carried out in coordination with strategies for debt relief of countries in the region and with efforts to establish an International Fund for Reconstruction of developing nations which settle civil wars. Prohibits assistance appropriated under this Act from being available for involuntary or forced resettlement of persons. Prohibits development assistance to Ethiopia, Somalia, or Sudan unless the President certifies that the government of the country has: (1) begun to implement peace or national reconciliation agreements; (2) demonstrated a commitment to human rights; (3) manifested a commitment to democracy and has held or scheduled free and fair elections; and (4) agreed to distribute development assistance without discrimination. Requires the Secretary of the Treasury to instruct the U.S. executive directors of the multilateral development banks to oppose any loan or other funds, except to meet basic human needs, to or for Ethiopia, Somalia, or Sudan until the President makes such certification. Prohibits ESF assistance, grant military assistance, or international military education and training assistance to Ethiopia, Somalia, or Sudan unless the President certifies that the government of the country has: (1) begun to implement peace or national reconciliation agreements; (2) demonstrated a commitment to human rights; and (3) held or scheduled free and fair elections.

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. 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. 1396 (102nd)referred

To amend the Trade Act of 1974 in order to require reciprocal responses to foreign acts, policies, and practices that deny national treatment to United States investment.

United States · United States Congress · 12 March 1991

Amends the Trade Act of 1974 to require the United States Trade Representative to impose conditions that prohibit or limit the foreign investment in the United States on those foreign countries that impose similar conditions on U.S. investment.

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. 1330 (102nd)open

Comprehensive Wetlands Conservation and Management Act of 1991

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.

Bill· HRH.R. 1366 (102nd)referred

To clarify that the inspection of meat and poultry products offered for import into the United States is to be conducted by United States personnel, and for other purposes.

United States · United States Congress · 7 March 1991

Amends the Federal Meat Inspection Act to require that meat being imported be subject to the same inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States. Requires that inspections of imports be carried out by U.S. inspectors. Amends the Poultry Products Inspection Act to require that inspections of imports be done by U.S. inspectors.