United States · United States Congress · 22 March 1991
Declares that it is U.S. policy to: (1) support democratization within the Soviet Union and support self-determination and independence for all Soviet republics which seek such status; (2) support restoration of independence for Estonia, Latvia, and Lithuania; (3) shape foreign assistance and other programs to support republics whose governments are democratically elected; and (4) support peaceful resolution of conflicts within the Soviet Union and between the central Soviet Government and the Baltic States and Soviet republics, condemn the use of force to suppress democracy and self-determination, and view the use of force for such purposes as an obstacle to fully normalized U.S.-Soviet relations. Directs the Secretary of State to report to the Congress on actual and threatened uses of force against the Baltic States, the Soviet republics, and autonomous regions within the Soviet Union. Requires such report to be included in the Department of State's annual country reports on human rights practices.
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.
United States · United States Congress · 21 March 1991
Comprehensive Energy Policy Act of 1991 - Title I: Conservation and Energy Efficiency in the Electricity Sector - Subtitle A: Electricity and Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to declare that the rates charged by a State-regulated electric utility shall be such that its net income after implementation of cost effective conservation measures is at least as high as it would have been if such measures had not been implemented. Directs the Tennessee Valley Authority to use least-cost planning in its decision-making regarding increased electric power demand. Requires unregulated utilities to initiate or expand efforts to ensure that cost-effective energy efficiency is pursued by customer utilities. Sets forth energy efficiency guidelines for unregulated utilities. Requires unregulated utilities to submit an annual energy efficiency status report to the Secretary of Energy (the Secretary). Authorizes the Secretary to provide energy efficiency and conservation grants to State regulatory authorities upon their submission of an energy efficiency and conservation plan. Authorizes appropriations. Subtitle B: Residential, Commercial, and Federal Energy Use - Amends the National Energy Conservation Policy Act to direct the Secretary to establish a technical assistance program for States and localities to update the energy efficiency provisions of residential and commercial building codes. Mandates certification by each State that it has updated its residential and commercial building energy codes. Directs the Secretary to establish a task force to advise in the development of the energy efficiency update program. Authorizes appropriations. Requires the Secretary to promulgate procedures that may be used by governmental entities and the private sector to assign efficiency ratings to residential buildings. Requires the Secretary to implement a technical assistance program utilizing energy efficiency rating systems based on such promulgated procedures. Directs the Secretary to report to the President and the Congress on such procedures and State actions to implement them. Authorizes appropriations. Sets a deadline by which each Federal agency must: (1) install energy conservation measures in Federal buildings with a specified payback period; (2) submit a list of projects to the Secretary which meet such payback criterion; and (3) have substantially completed at least 25 percent of such projects or as many as would account for 25 percent of total energy savings. Directs the Secretary to develop guidelines for the selection of energy service contractors by Federal agencies. Directs the Secretary to: (1) establish the Federal Energy Efficiency Fund to provide grants to Federal agencies to enable them to meet energy conservation requirements in Federal buildings; and (2) report annually to the Congress on progress. Authorizes appropriations. Authorizes Federal agency participation in energy conservation programs conducted by gas or electric utilities. Directs the Secretary to: (1) establish a financial bonus program to reward outstanding facility energy managers in Federal agencies; (2) study the monetary value of the environmental benefits resulting from energy efficiency improvements in Federal buildings; (3) establish a program to install in Federal buildings commercial energy efficiency technologies developed by entities receiving Federal financial research and development assistance; and (4) disseminate an evaluation of each energy efficiency technology included in the program. Authorizes appropriations. Requires the Administrator of the General Services Administration to: (1) issue guidelines to Federal Product Schedule users to encourage their purchase of preferred energy efficient models based upon a life-cycle-cost-benefit analysis; (2) provide assistance to manufacturers whose energy efficient products are not listed on the Federal Product Schedule to encourage inclusion of their products on it; and (3) submit a status report to the Congress on manufacturers on the Schedule. Authorizes appropriations. Subtitle C: Standards and Information - Directs the Secretary to: (1) provide financial assistance to support a voluntary national window rating program to develop energy ratings and labels for windows and window systems; (2) develop voluntary national standards for industrial insulation; (3) review and report to the Congress on energy audit procedures in commercial, agricultural, and industrial sectors; (4) establish test procedures and develop energy conservation standards for lamps, appliance motors, and small package air conditioners; (5) evaluate for the Congress the feasibility of requiring electric lights and utility distribution transformers to meet minimum energy efficiency levels (and the possible replacement of existing transformers); and (6) submit to the Congress a program plan for promoting the early introduction of high-efficiency appliances by utilities and appliance manufacturers. Authorizes appropriations. Subtitle D: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from gross income the value of energy and water conservation subsidies provided by a public utility to a customer; and (2) restore the tax credit for energy conservation expenditures on oil-heated homes. Title II: Conservation in the Transportation Sector - Subtitle A: Alternative Fuels - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation when amending fuel economy standards: (1) not to consider the fuel economy of alcohol-powered automobiles or natural gas-powered automobiles; but (2) to consider dual energy automobiles and natural gas dual energy automobiles to be operated exclusively on gasoline or diesel fuel. Sets forth acquisition and credit allocation guidelines for owners, operators and lessees of fleets of alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Subtitle B: Natural Gas as a Transportation Fuel - Amends the Natural Gas Act to state that its provisions shall not apply to a person solely because such person sells or transports natural gas for subsequent use as a fuel in transportation vehicles. Preempts any State regulation prior to January 1, 1989, with respect to natural gas transportation in closed containers, or the sale of natural gas for use as a fuel in transportation vehicles. Declares that a company shall not be considered a gas utility company under the Public Utility Holding Company Act of 1935 solely because it distributes or sells natural gas as a fuel for transportation vehicles. Amends the Natural Gas Policy Act of 1978 to define a "high-priority user" as any person who uses natural gas as a fuel in transportation vehicles. Subtitle C: Fuel Economy - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to amend the average fuel economy standard to levels which the Secretary determines are the maximum feasible average fuel economy level for model years beginning after model year 1996. Extends from ten to 30 days the period during which the Secretary of Energy may provide the Secretary of Transportation with written comments on the level of proposed amended fuel economy standards. Directs the Secretary of Transportation to determine by rule an appropriate fuel economy credit to be given to electric vehicle manufacturers. Subtitle D: Miscellaneous - Amends the Internal Revenue Code to exclude from the gross income of an employee the value of any qualified transportation benefit provided by the employer. Requires the Administrator of the Environmental Protection Agency (EPA) to issue regulations providing for appropriate credits for complying with the Clean Air Act to persons who operate programs for the scrapping of older, less fuel efficient vehicles. Directs the Secretary of Energy to study whether consumers use automotive fuel octane ratings higher than needed to operate their vehicles, and, if so, to take appropriate consumer education steps to reduce the excess use of premium gasoline. Declares certain conservation requirements under the Clean Air Act applicable to all employers of 100 or more persons in standard metropolitan statistical areas of 250,000 or more people. Declares it is U.S. policy that by 2000 at least ten percent of the Nation's vehicle transportation needs shall be served by domestic non-petroleum fuels. Directs the Secretary of Energy to establish an electric vehicle research and development grant program to fund joint venture demonstrations of electric vehicles, and to develop an electric vehicle infrastructure. Authorizes appropriations. Declares that for purposes of the Natural Gas Act, vehicular natural gas, including gas sold wholesale or transported by persons with service area determinations, shall be deemed to be ultimately consumed in the State in which physical delivery of a natural gas sale occurs, whether or not physical combustion occurs in another State. Directs the Administrator of EPA to approve use of methylcyclopentadienyl manganese tricarbonyl (MMT) in unleaded gasoline in amounts up to .03125 grams per gallon. Title III: Renewable Energy Sources - Subtitle A: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct the Federal Energy Regulatory Commission (FERC) to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Subjects alternative power production facilities to current cogeneration and small power production rules. Subtitle B: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to direct FERC to require hydroelectric power project license applicants to consult with certain Federal and State agencies and Indian tribes and file a plan and schedule for conducting studies as part of the licensing process. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application by all interested Federal and State agencies and Indian tribes. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Permits such projects with licenses to petition for their surrender. Subtitle C: Credit for Electricity Generated Using Solar, Wind, or Geothermal Energy - Amends the Internal Revenue Code to allow an income tax credit for electricity generated using solar, wind, or geothermal energy (renewable electricity generating credit). Extends the period allowing existing solar and geothermal energy credits. Subtitle D: Study of Tax and Rate Treatment of Renewable Energy Projects - Directs the Secretary of Energy to study and report to the Congress on the tax and rate treatment of renewable energy projects. Subtitle E: Encouragement of Energy Recovery From Waste - Requires each Federal agency to adopt policies and institute regulatory changes to encourage and remove regulatory obstacles to the burning of high-BTU secondary materials as a fuel substitute. Title IV: Electric Power - Subtitle A: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for the treatment of public utility holding companies as exempt wholesale generators. Subtitle B: Miscellaneous - Amends the Federal Power Act to mandate that FERC, as a prerequisite to approving a rate or charge filed as the result of an agreement between a public utility and a wholesale seller, require the purchasing utility to certify that the charge conforms to its least-cost planning as approved by a regulatory authority, or, if no such plan exists, that the charge is less than, or equal to, the utility's avoided cost. Authorizes appropriations to the Secretary of Energy for electronic switching research. Requires the Secretary to study and report to the Congress on legislative and regulatory reforms and incentives to provide improved electric transmission transfer capability between the councils comprising the North American Electric Reliability Council. Title V: Natural Gas Regulatory Reform - Directs FERC to: (1) issue regulations to expedite pipeline certifications; and (2) report to certain congressional committees on recommended reforms to facilitate increased deliverability of natural gas to consumers. Amends the Natural Gas Act to provide that, for purposes of the National Environmental Policy Act of 1969, a FERC certificate of public convenience and necessity for a natural gas facility construction or extension is the only Federal action requiring a detailed environmental impact statement. Directs FERC to permit natural gas facility construction on operation applicants to prepare such statements. Amends the Natural Gas Policy Act of 1978 to authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission. Amends the Natural Gas Act to declare that a natural gas transportation rate mutually agreed-upon by a natural-gas company and the customer is deemed just and reasonable and in compliance with this Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the jurisdiction of the Act). Sets forth deadlines for a rehearing under the Natural Gas Act. Declares that facilities repair or replacement does not require a certificate of public convenience and necessity. Sets forth certification procedures for priority natural gas facility. Title VI: Oil and Gas Production - Subtitle A: Arctic Coastal Plain Domestic Energy Leasing - Arctic Coastal Plain Domestic Energy Leasing Act of 1991 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain Study Area of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for such promulgation and that no further studies or assessments shall be required. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain. Subtitle B: Tax Incentives for Oil and Natural Gas Exploration and Production - Amends the Internal Revenue Code (IRC) to allow as an income tax credit 15 percent of: (1) any qualified investment in crude oil and natural gas exploration activities; and (2) the qualified cost of each barrel of eligible crude oil (marginal production credit). Declares that intangible drilling and development costs with respect to oil and gas wells shall also apply to surface casting costs and geological and geophysical costs for ascertaining the existence, location, extent or quality of domestic oil or gas deposits (thus qualifying them for deduction). Repeals the taxable income limitation on oil and gas well depletion allowances. Defines tar sands for IRC purposes. Removes from the alternative minimum tax purview oil and gas well depletion allowances and intangible drilling costs. Declares that the tax treatment with respect to mineral sharing arrangements shall be determined without regard to Revenue Ruling 77-176. Subtitle C: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether Commission rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum rates, on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Subtitle D: Leasing of Naval Petroleum Reserve - Naval Petroleum Reserve Leasing Act - Authorizes the President to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees. Authorizes the President to take certain steps to arrange and conduct a leasing action. Authorizes the President to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy (the Secretary) to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of petroleum products for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) petroleum products acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory those petroleum products drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Subtitle E: Outer Continental Shelf Local Impact Assistance - Coastal State and Community Outer Continental Shelf Impact Assistance Act - Establishes the Coastal State and Community Outer Continental Shelf Impact Assistance Fund whose revenues shall be paid to and used by coastal States, especially for subdivisions socially or economically impacted by mineral development on the Outer Continental Shelf. Subtitle F: Western Hemisphere Energy Policy - Directs the President to report to the Congress on actions taken to implement U.S. policy to focus attention in trade negotiations and international consultations on investment policies that expand worldwide production capacity and diversity of oil suppliers. Title VII: Coal and Coal Technology - Directs the Secretary of Energy to: (1) conduct (and report annually to the Congress regarding) an advanced coal-based technologies research and development program; and (2) submit to the Congress a domestic coal export expansion plan. Establishes the Clean Coal Technology Export Coordinating Council to: (1) expand the export and use of clean coal technologies with an emphasis on their use in lesser developed countries; and (2) provide certain congressional committees with a plan detailing actions to be taken to address specified recommendations of the Secretary. Requires the Secretary to: (1) submit a status report to the Congress on commercialization of coal fuel mixtures; and (2) conduct a research and demonstration program for utilizing "ultra-clean coal-water slurry" in diesel locomotive engines. Authorizes appropriations. Amends the Internal Revenue Code to restore investment credits for pollution devices required by the Clean Air Act Amendments of 1990. Title VIII: Nuclear - Nuclear Standardization and Safety Reform Act of 1991 - Subtitle A: Licensing Reform - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to issue a combined construction and operating license to an applicant after holding a public hearing and determining that facility construction and operation will comply with NRC rules and regulations. Directs the NRC to propose implementing regulations regarding combined license applications. Subtitle B: Amendment of PUHCA - Amends the Public Utility Holding Company Act of 1935 (PUHCA) to require the Securities and Exchange Commission to exempt a public utility holding company from coverage under such Act if it controls utility assets pursuant to an NRC-approved management agreement and otherwise meets at least one of the other criteria for exemption. Permits the acquisition of securities of a public utility company controlling utility assets by an affiliate or an affiliate of another public utility or holding company if the control is pursuant to such an agreement. Subtitle C: Fast Flux Test Facility - Directs the Secretary of Energy to establish a research, development, and production center known as the "Research Reactor User Complex" (RRC) at the Hanford Reservation in Richland, Washington. Mandates that a contractor under contract with the Department of Energy to operate the RRC maintain and operate the Fast Flux Test Facility for the Department's account. Establishes the "RRC Fund" from which the Secretary may make expenditures to offset the cost of operating the RRC. Subtitle D: Effective Date - Sets forth the effective date of this title.
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.
United States · United States Congress · 20 March 1991
Telecommunications Equipment Research and Manufacturing Competition Act of 1991 - Amends the Communications Act of 1934 to authorize any Bell Telephone Company (BTC), through an affiliate of such company, to manufacture and provide telecommunications equipment, except that no BTC may engage in such manufacturing with an unaffiliated BTC or affiliates thereof. Allows such manufacturing or provision to be conducted only through an affiliate that is separate from any BTC. Requires the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) such manufacturing affiliate maintains separate accounts and records from its affiliated BTC which identify all financial transactions with the BTC; (2) neither a BTC nor any of its non-manufacturing affiliates carry out sales, advertising, installation, production, or maintenance operations for a manufacturing affiliate, except under specified conditions, such affiliate incurs debt entirely separate from and without recourse against the affiliated BTC; (4) such affiliate shall not be required to operate separately from any other affiliates of its BTC; (5) if an affiliate of a BTC becomes affiliated with a manufacturing entity, it shall be treated as a manufacturing affiliate of the BTC; (6) such affiliate shall make available any telecommunications equipment manufactured by such affiliate to any purchasing carrier, so long as each such purchaser does not manufacture such equipment or agrees to make available to the BTC or any of its affiliates any telecommunications equipment manufactured by such purchasing carrier or any of its affiliates for use with the public telecommunications network by such carrier or any of its affiliates; and (7) such affiliate shall not discontinue or restrict sales to other local exchange telephone companies of any telecommunications equipment until arrangements are made to provide to them the specifications, plans, and tools to allow them to arrange for the manufacture of such equipment by another entity. Directs the FCC to require that each BTC maintain and file with the FCC complete information with respect to the protocols and technical requirements for connections with and use of its telephone exchange service facilities. Prohibits a BTC from disclosing any such information to its affiliates unless such information is immediately so filed. Requires any two or more carriers providing regulated telephone exchange service in the same area to notify each other of the deployment of telecommunications equipment. Requires the FCC to ensure that manufacturers in competition with a BTC's manufacturing affiliate have access to information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities required for such competition that such BTC makes available to its affiliate. Requires the FCC to prescribe regulations to require any BTC which has a manufacturing affiliate to: (1) provide to other manufacturers of telecommunications equipment and customer premises equipment that is functionally equivalent to equipment manufactured by BTC affiliates opportunities to sell such equipment to such BTC which are comparable to opportunities the BTC provides to its affiliates; (2) not subsidize its manufacturing affiliate with revenues from its regulated telecommunications service; and (3) only acquire equipment from its manufacturing affiliate at the open market price. Allows a BTC and its affiliates to engage in close collaboration with any manufacturer of customer premises or telecommunications equipment during the design and development of hardware and software relating to such equipment.
United States · United States Congress · 19 March 1991
San Carlos Indian Irrigation Project Divestiture Act of 1991 - Directs the Secretary of the Interior to transfer U.S. interests in the electrical system of the San Carlos Irrigation Project (SCIP) in Arizona to: (1) the Gila River Indian Community (GRIC) and the San Carlos Apache Tribe (SCAT) for the portions of the system on their reservations; and (2) the San Carlos Irrigation and Drainage District (SCIDD) for remaining portions. Directs the Secretary to negotiate an agreement with GRIC, SCAT, and SCIDD for the transfer of associated assets and to distribute those assets in a manner that reflects the proportionate number of miles of distribution line to be transferred to GRIC, SCAT, and SCIDD. Requires the Secretary to retain ownership of the electric generating and maintenance facilities located in the power house and switchyard at Coolidge Dam. Directs the Secretary to establish the Environmental Protection Account, to be administered by SCIP in consultation with GRIC and SCAT, to fund the disposal of hazardous waste materials associated with the SCIP electrical system transferred to GRIC and SCAT and with those areas and components retained by the Secretary. Makes the Secretary responsible for unfunded disposals. Directs the Secretary of Energy, upon the request of the Secretary of the Interior, to enter into agreements to reallocate SCIP's allocation of Federal power resources. Directs the Secretary of Energy to treat GRIC, SCIDD, and SCAT as successors in interest to SCIP in reallocating SCIP's allocation of capacity and energy from the Parker Davis Project and the Colorado River Storage Project, including capacity and energy available pursuant to any agreement to provide preference power to SCIP prior to July 31, 1992. Assigns SCIP allocations of winter and summer capacity and energy to GRIC, SCIDD, and SCAT. Requires SCIP to assign its contract with the Arizona Power Authority for capacity and energy from the Boulder Canyon Project accordingly. Directs the Secretary to enter into an agreement with GRIC and SCIDD to provide a long-term power supply to the irrigation wells and pumps installed by SCIP to provide water to SCIP lands on and off GRIC lands. Requires the Secretary of the Interior to allocate all SCIP funds to GRIC, SCIDD, and SCAT for specified uses. Requires SCIP debt obligations owed by GRIC and SCIDD to the United States to be deposited in the Environmental Protection Account. Entitles any Federal employee at SCIP whose position is terminated by this Act to elect to continue receiving workers' compensation, retirement, and health and life insurance benefits for his or her period of employment with the tribal authority, provided such authority deposits employee deductions and agency contributions in the appropriate funds. Directs the Secretary to establish and maintain a Departmental Priority Placement Program for SCIP employees who are involuntarily separated as a result of the divestiture of the SCIP electrical system.
United States · United States Congress · 19 March 1991
Amends Federal law to increase the Federal payments in lieu of taxes to units of local government for entitlement land. Requires the Secretary of the Interior to adjust such payments by the rate of inflation according to the Consumer Price Index.
United States · United States Congress · 19 March 1991
Family Unity and Parental Notification Act - Amends the Public Health Service Act to prohibit financial assistance under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and specified provisions of the Public Health Service Act unless the receiving entity agrees to notify the parents of an unemancipated minor under the age of 18 48 hours before performing an abortion on the minor, except in an emergency threatening the minor's life. Declares that the notification requirement does not apply in a State which requires parental notification or parental consent. States that certain provisions of this Act apply without regard to whether the State allows the parental notification or the parental consent requirements to be waived through judicial proceedings.
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.
United States · United States Congress · 19 March 1991
Declares that the President should award the Presidential Medal of Freedom to Martha Raye in honor of her service in the form of entertainment and nursing care to members of the U.S. armed forces.
United States · United States Congress · 18 March 1991
Intangibles Amortization Clarification Act of 1991 - Amends the Internal Revenue Code to allow the amortization of customer based, market share and similar intangible items for purposes of the depreciation deduction.
United States · United States Congress · 14 March 1991
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude from the definition of "owner or operator," for purposes of limiting liability for releases of hazardous substances, a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect a security interest in such vessel or facility. Defines "indicia of ownership" as an interest in a vessel or facility acquired either for: (1) securing payment of a loan or indebtedness or the performance of an obligation; or (2) protecting a security interest. Makes liable for any release or threatened release of a hazardous substance attributable to their activities: (1) any person who causes the transfer of a vessel or facility subject to a security interest; or (2) a fiduciary or trustee who acquires ownership or control of a vessel or facility. Makes conforming amendments to the Resource Conservation and Recovery Act of 1976.
United States · United States Congress · 13 March 1991
Silicone Safety and Information Act - Amends the Federal Food, Drug, and Cosmetic Act to require a physician performing a silicone gel implant to provide the patient in advance with a summary prepared by the Secretary of Health and Human Services respecting the associated advantages, disadvantages, and risks. Directs the Secretary to provide such a summary to physicians. Sets forth a civil monetary penalty for violations by physicians.
United States · United States Congress · 13 March 1991
Federal Law Enforcement Officers Death Penalty Act of 1991 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Specifies that: (1) the jury or the court, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence; and (2) the jury shall be so instructed. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Directs the court to impose the death sentence upon a finding that such sentence is justified. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record, the information and procedures of the sentencing hearing, and any special finding, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the special finding of the existence of an aggravating factor. Requires the court to provide a written explanation of its determination. Establishes procedures for the implementation of the death sentence.
United States · United States Congress · 13 March 1991
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 12 March 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgment probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contact an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide for a ten-year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a Governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.
United States · United States Congress · 12 March 1991
Collegiate Speech Protection Act of 1991 - Amends title VI (Federally Assisted Programs) of the Civil Rights Act of 1964 to prohibit a postsecondary educational institution that is a program or activity from subjecting any student to disciplinary sanctions solely on the basis of conduct that is speech or other communication protected from governmental restriction by the First Amendment of the Constitution. Authorizes civil actions for injunctive and declaratory relief, with awards of attorneys' fees and other costs. Exempts educational institutions controlled by a religious organization from application of this Act if application would be inconsistent with the religious tenets of the organization.
United States · United States Congress · 12 March 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burden of proof which the complaining party and the respondent must meet in certain situations relating to unlawful employment practices based on disparate impact. Declares that, for determining whether a litigated or consent judgment or order resolving a claim of employment discrimination binds only the individuals who were parties to the judgment or order, the Federal Rules of Civil Procedure shall apply in the same manner as to other civil actions. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. Amends the Civil Rights Act of 1964 to declare that an alleged unlawful employment practice occurs, with regard to a seniority system, when: (1) the system is adopted; (2) an individual becomes subject to the system; or (3) a person is injured by application of the system or provision, adopted for an intentionally discriminatory purpose, whether or not the discriminatory purpose is apparent on the face of the provision. Makes it an unlawful employment practice to harass an employee or applicant because of race, color, religion, sex, or national origin, provided the complaining party failed to use the employer's procedure for resolving harassment complaints. Provides for temporary or preliminary relief and for monetary awards to a specified maximum amount. Delays the deadline for filing charges for a limited period while an employee uses the employer's harassment resolution system. Allows expert's fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Replaces, in provisions prohibiting employment discrimination by the Federal Government, a reference to the legislative branch with a reference to the Congress, or its Houses, committees, offices or instrumentalities, or the offices of any of its Members. Gives, with respect to such entities, the authorities of the Equal Employment Opportunity Commission to each House of Congress, or to the Congress as a whole. Encourages, when knowingly and voluntarily agreed to by the parties, reasonable alternative means of dispute resolution in place of the judicial resolution of disputes under this Act and the Acts amended by this Act.
United States · United States Congress · 12 March 1991
Used Oil Recycling Act of 1991 - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency from listing or identifying as a hazardous waste any: (1) recycled oil; (2) used oil transferred to a person who certifies that such oil will be rerefined, processed, or reclaimed for a beneficial purpose or stored less than 12 months prior to such transfer; and (3) used oil which has been removed from the engine of a light duty motor vehicle or household appliance by the owner, transferred to a service station dealer, and stored by the dealer for less than 12 months. Requires the Administrator to determine whether to list as a hazardous waste used oil which is a solid waste and does not satisfy the above-listed criteria. Directs the Administrator to establish management standards for the storage, testing, transportation, treatment, exportation and importation, and processing of used oil. Requires such standards to be designed to protect human health and the environment by encouraging and expanding reliance on recycling of used oil. Exempts generators of used oil from recordkeeping or reporting requirements if such generators: (1) enter into an agreement for delivery of such oil to a recycling facility whose owner or operator certifies compliance with such standards or recycles such oil; (2) do not mix the oil with any hazardous wastes; and (3) maintain necessary records relating to the oil. Prohibits mixing used oil with any hazardous waste identified under such Act except where: (1) such mixing involves an identified hazardous waste and the resulting mixture does not exhibit a characteristic identified in such Act; and (2) the used oil mixture is burned to recover useful energy such that protection of human health and the environment is assured. Deems owners or operators of facilities which process used oil for fuel to have permits for recycling activities if in compliance with management standards. Directs the Administrator to conduct inspections of such facilities to determine compliance with such standards. Requires the Administrator to implement educational programs to inform the public about the environmental and safety hazards associated with improper handling of used oil and the benefits of used oil recycling. Authorizes appropriations. Directs the Administrator to promulgate regulations concerning the procurement of used oil fuel by Federal agencies subject to the requirements of the Solid Waste Disposal Act.
United States · United States Congress · 12 March 1991
Savings and Investment Incentive Act of 1991 - Title I: Retirement Savings Incentives - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Title II: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (2) financially devastating medical expenses.
United States · United States Congress · 7 March 1991
Comprehensive Wetlands Conservation and Management Act of 1991 - Amends the Federal Water Pollution Control Act to revise provisions concerning permits for dredged or fill material. Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. Authorizes the Secretary to issue permits for such activities. Sets forth permit application procedures. Requires the Secretary, upon receiving applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of the ecosystem of which they are a part and which meet specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of avian, aquatic, or wetland dependent wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are prior converted cropland, fastlands, or wetlands within intensely developed areas that do not serve significant wetlands functions. Directs the Secretary to notify a permit applicant of the classification. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Deems such takings to be takings of surface interests in lands only or water rights allocated under State law unless the Secretary determines that the exploration for, or development of, oil and gas or mineral interests is not compatible with conservation of the surface interests in lands that have been classified as Type A wetlands. Authorizes the Secretary to classify such interests as Type A wetlands and to notify the owner that he may receive compensation. Sets forth provisions concerning court jurisdiction and remedies for taking of interests. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or surface disturbance; (2) there are overriding public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the watershed or aquatic ecosystem of which such wetlands are a part does not suffer loss or degradation of wetlands values or functions. Imposes requirements for mitigation when such activities result in the permanent loss or degradation of Type B wetlands where such loss or degradation is not a temporary or incidental impact. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Sets forth requirements of such programs. Permits activities in Type C wetlands to be undertaken without specified authorization. Authorizes the Secretary to issue general permits on a State, regional, or nationwide basis for activities in wetlands if such activities are similar in nature and will not result in the significant loss of ecologically significant wetlands values and functions. Exempts specified activities from this Act's requirements. Permits States or political subdivisions to submit land management plans for identified wetlands for the Secretary's approval. Authorizes and directs the Secretary to establish standards that govern the delineation of lands as wetlands. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Provides for public participation in such project and makes information concerning identification and classification available to the public. Authorizes the Secretary to commence civil actions for permit violations. Prescribes civil penalties for such violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
United States · United States Congress · 7 March 1991
Women in Development Act of 1991 - Requires the Administrator of the Agency for International Development (AID) to ensure actions are taken to strengthen the AID's women in development policy, including: (1) incorporating the active participation of local women and local women's organizations in its development activities; (2) instructing AID staff to collect and analyze sex-disaggregated data and to insure that country strategies, projects, and programs are designed to reflect the impact on women in proportion to the higher of their traditional participation in the targeted activities or their proportion of the population; (3) insuring that project and program evaluations include an assessment of the extent to which the project integrates women in the development process and of the project's impact on women; (4) increasing the number and responsibility of women in positions within AID; and (5) establishing within AID a task force on women in development. Amends the Foreign Assistance Act of 1961 to require that specified amounts be made available for programs to integrate women into the agency responsible for integrating women into the development process and for administrative expenses of such agency. Authorizes appropriations for the United Nations Development Fund for Women and the United Nations International Research and Training Institute for the Advancement of Women. Requires the Director of the Peace Corps to take specified actions to strengthen the Peace Corps' women in development policy. Earmarks funding for the Peace Corps Office of Coordinator of Women in Development.
United States · United States Congress · 7 March 1991
Urges the President to instruct the Attorney General to appoint an independent counsel to investigate the involvement of Government officials in the savings and loan scandal.
United States · United States Congress · 7 March 1991
Calls on the President to instruct the Department of State to strongly request of Kuwait that contracts for the rebuilding of Kuwait be structured and compensated for in a manner that will encourage the maximum feasible usage of American workers, firms, and products. Encourages American firms to employ American workers at every level of the Kuwait reconstruction projects.
United States · United States Congress · 7 March 1991
Expresses the sense of the Congress that: (1) the President, the Secretary of Commerce, and specified other officials should cooperate in providing assistance to U.S. small businesses seeking to become involved in the rebuilding of Kuwait; (2) the Administrator of the Small Business Administration should conduct a public information campaign to advise U.S. small and minority businesses about becoming involved in such rebuilding; (3) U.S. companies that have been awarded contracts pertaining to such rebuilding should seek to subcontract with U.S. small and minority businesses; and (4) all businesses that have been awarded such contracts should seek to hire veterans of the armed forces.
United States · United States Congress · 7 March 1991
Expresses the sense of the Congress that both the legislative and executive branches should undertake efforts to better identify, analyze, and control Federal overhead expenditures and that it should be the policy of the U.S. Government to reduce its FY 1992 overhead expenditures by ten percent.
United States · United States Congress · 6 March 1991
Sets forth a formula, beginning with the 1991 grazing year, for determining fees for domestic livestock grazing on public rangelands. Bases the formula on the base established by the 1966 Western Livestock Grazing Survey, the Forage Value Index, and the adjusted Beef Cattle Price Index. Prohibits annual fee adjustments greater or less than 25 percent.
United States · United States Congress · 6 March 1991
Amends the Internal Revenue Code to eliminate the age (55 or older) and dollar ($125,000) restrictions with respect to the one-time income tax exclusion of gain on the sale of a principal residence.
United States · United States Congress · 6 March 1991
Expresses the policy of the U.S. Government to: (1) establish in each of the Baltic States a U.S. presence such as an information office to serve as a form of political recognition and support; (2) channel to the Baltic States directly U.S. Government humanitarian aid and economic assistance, including management and training assistance, in addition to private sector humanitarian aid. Calls for the United States to: (1) recognize, establish, and maintain direct contacts with the Parliaments of Lithuania, Latvia, and Estonia; and (2) propose and seek support for observer status for the Baltic States in the Conference on Security and Cooperation in Europe (CSCE) at the next meeting of foreign ministers of the CSCE participating states.
United States · United States Congress · 6 March 1991
Requests the Occupational Safety and Health Administration to publish, within one year, proposed amended regulations that specify the components of an adequate operator training program and certification system for operators of powered industrial trucks.
United States · United States Congress · 5 March 1991
Amends the Federal criminal code to make it a Federal criminal offense to leave or remain outside a State for the purpose of avoiding payment of arrearages in child support.
United States · United States Congress · 5 March 1991
United States One Dollar Coin Act of 1991 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Mandates that the obverse side of the one dollar coin have a design recognizing America's veterans. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes by a specified date (except for such quantities as are required to meet collectors' needs). Mandates that the seigniorage of the new one-dollar coins be used to offset the reverse seigniorage resulting from the destruction of Susan B. Anthony dollar coins in Government storage.
United States · United States Congress · 5 March 1991
Amends the Fair Labor Standards Act of 1938 to revise its application. Revises minimum wage and maximum hours provisions (as well as provisions for special industry committees for American Samoa) to apply such requirements specifically to employers of employees who in any workweek are engaged in industrial homework and who are either engaged in commerce or in the production of goods in commerce (in addition to any other employees so employed). Revises the scope of the application of requirements relating to: (1) wage rate orders for employers in American Samoa; (2) prohibition of sex discrimination in wage rates; and (3) handicapped workers.
United States · United States Congress · 5 March 1991
Amends the Internal Revenue Code to increase the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. Provides for rounding inflation adjustments to tax tables to the nearest multiple of $10 (currently rounded to the next lowest multiple of $50).
United States · United States Congress · 5 March 1991
Amends the Internal Revenue Code to exempt from the luxury excise tax parts for accessories installed for use of passenger vehicles by disabled individuals.
United States · United States Congress · 5 March 1991
Makes permanent a provision of the Internal Revenue Code that allows the income tax deduction of 25 percent of the health insurance costs of self-employed individuals.
![Official portrait of Rep. Rhodes, John J., III [R-AZ-1]](https://www.congress.gov/img/member/r000189_200.jpg)