United States · United States Congress · 3 June 1991
Amends Federal highway provisions to allow longer combination vehicles (LCVs) to continue to operate only if the Secretary of Transportation determines that such vehicles were authorized by State statute or regulation conforming to Federal law and were in actual, continuing lawful operation on June 1, 1991. Specifies that: (1) all such operations shall continue to be subject to, at the minimum, all State statutes, regulations, limitations, and conditions, including routing-specific and configuration-specific designations and all other restrictions (statutes and restrictions), in force on June 1, 1991; and (2) nothing in this Act shall prevent any State from further restricting or prohibiting the operation of LCVs whose continued operation is authorized under such provisions, with exceptions. Directs the Secretary, within 60 days, to publish in the Federal Register a complete list of such State statutes and restrictions, which shall become final 60 days after publication. Bars LCVs from operating except as provided in such list. Sets forth analogous restrictions with respect to cargo carrying unit limitations under Federal transportation provisions.
United States · United States Congress · 23 May 1991
Forests and Families Protection Act of 1991 - Title I: Establishing Long Term Program - Provides for the establishment of a long-term Bureau of Land Management (BLM) and Forest Service (FS) program to protect old growth forest, the Northern Spotted Owl, and other old growth associated species on areas of ecologically-significant old growth forest on State and Federal lands in Oregon, Washington, and Northern California selected for the Old Growth Forest Reserve to be established by the Secretaries of Agriculture and the Interior under this Act. Requires the Secretaries to: (1) submit the applicable land management plans for implementing such program for appropriate consultation required under the Endangered Species Act; and (2) review previously applied administrative constraints on resource uses on lands under their jurisdiction to minimize the impact on pre-existing land uses resulting from the establishment of the Reserve. Bars further acquisition of mineral and mining rights in the Reserve. Permits roads, structures, and motorized and nonmotorized recreation and access, and hunting and fishing in the Reserve where consistent with the requirements of this Act and other applicable law. Permits timber harvesting in certain limited circumstances and only if not proscribed for any Reserve area in the applicable forest plan. Title II: Ensuring the Effectiveness of Federal Land Planning - Amends the Federal Land Policy and Management Act of 1976 and the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide additional guidance on the implementation, amendment, and revision of plans for Federal lands necessary to ensure the effectiveness of Federal land planning and that the applicable forest plans under title I of this Act and the protections which they afford the Old Growth Forest Reserve and associated species are implemented effectively. Title III: Providing An Interim Program - Provides for an interim program until the Reserve is established and applicable forest plans are adopted under title I of this Act with the same purposes as the long-term program, and for the provision of an adequate supply of timber on FS and BLM lands. Directs the Secretaries to establish an Old Growth Research Program (OGRP) to better understand and manage old growth forest ecosystems. Restricts timber sales, road construction, and mineral leasing on certain FS and BLM lands, including those within a certain radius of a Northern Spotted Owl nest site. Requires environmental impact statements on, and appropriate consultation for, the timber harvested from FS and BLM lands to ensure compliance with the National Environmental Policy Act and the Endangered Species Act. Provides for judicial review of agency decisions or actions under this title. Directs the Secretaries to publish in the Federal Register timber harvesting guidelines for Reserve areas based on OGRP work. Title IV: Economic Adjustment - Establishes the Timber Economic Adjustment Commission to provide Federal economic adjustment grants and benefit payments to the communities economically dependent on the timber on FS and BLM lands and the dislocated workers adversely affected by enactment of this Act. Outlines assistance eligibility criteria. Requires the Secretaries to notify the Commission of any Federal action likely to have a substantial impact on employment. Requires a final Commission report to the Congress and applicable State governors on economic conditions and employment in affected areas. Title V: Miscellaneous - Authorizes appropriations to carry out this Act.
United States · United States Congress · 23 May 1991
Craggy Mountain Wilderness Act of 1991 - Designates the Craggy Mountain Wilderness in the Pisgah National Forest, North Carolina, as components of the National Wilderness Preservation System. Provides that the Land and Resource Management Plans and their associated environmental impact statements for National Forests in North Carolina (including such decisions to allocate roadless areas to wilderness or nonwilderness categories) shall not be subject to judicial review. Releases national forest system lands in North Carolina which were reviewed by the Department of Agriculture from further review by such Department prior to the revision of the plans. States that the provisions above shall also apply to national forest system roadless lands in North Carolina which are less than 5,000 acres in size.
United States · United States Congress · 23 May 1991
Small Employer Health Insurance Incentive Act of 1991 - Exempts small employer purchasing groups organized for the purpose of obtaining health insurance for employer members from State insurance mandates, State taxes on premiums, and State laws relating to managed care. Amends the Internal Revenue Code to allow self-employed individuals participating in small employer purchasing groups an itemized deduction of 100 percent for health insurance costs (25 percent for nonparticipants). Makes such deduction permanent law.
United States · United States Congress · 21 May 1991
ESOP Promotion and Improvement Act of 1991 - Amends the Internal Revenue Code to allow S corporations (certain small business corporations) to participate in employee stock ownership plans (ESOPs). Extends the ESOP exception to the ten percent early withdrawal penalty tax to certain ESOP distributions to employees made at any time. Permits ESOP participants whose compensation does not exceed a certain amount to contribute up to 50 percent of it to the plan. Allows ESOP closely-held corporate sponsors to pay estate tax if an estate transferred the stock of the corporation to an ESOP. Provides that ESOPs and cash or deferred arrangement plans may be combined for the benefit of employees. Amends the Securities Exchange Act of 1934 to allow employees additional time to bid for ownership of their employer if foreign interests are trying to buy such employer.
United States · United States Congress · 20 May 1991
Farm Animal and Research Facilities Protection Act of 1991 - Amends title XIV of the Food Security Act of 1985 to add a new subtitle prohibiting (and establishing criminal penalties for) specified acts of destruction, theft, or damage to farm animal, research, and educational facilities. Directs the Secretary of Agriculture and the Attorney General to jointly conduct a study of the extent and effect of terrorism on animal research, production, and processing facilities. Grants jurisdiction for cases arising under these provisions to U.S. district courts. Establishes a private right of action.
United States · United States Congress · 15 May 1991
Economic Resurgence and Jobs for America Act - Title I: Investment Tax Credit - Amends the Internal Revenue Code to reinstate a five-percent investment tax credit for property placed in service after December 31, 1991. Repeals provisions of the Revenue Reconciliation Act of 1990 concerning the elimination of expired or obsolete investment tax credit provisions. Title II: Capital Gains Tax Reduction - Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for indexing the limitation on capital losses of noncorporate taxpayers.
United States · United States Congress · 14 May 1991
Income-Dependent Education Assistance Act of 1991 - Establishes the income-dependent education assistance (IDEA) program of supplemental direct higher education student loans in which a borrower's annual repayment obligation is dependent upon both postschool income level and borrowing history. Title I: System for Making Income-Dependent Education Assistance Loans - Directs the Secretary of the Treasury to: (1) make IDEA loans to eligible students in accordance with this title; and (2) establish an account for each IDEA loan borrower and collect repayments on such loans using the income tax collection system under specified Internal Revenue Code provisions added by title II of this Act. Sets forth provisions for the terms and enforcement of IDEA program agreements between the Secretary of Education and eligible institutions. Sets forth provisions for the amounts and terms of IDEA loans. Sets annual limits on the amounts of such loans to various categories of students. Sets a limitation on individual borrowing capacity, with adjustments for inflation and with consideration of any outstanding student loan obligations. Limits the duration of individual eligibility for such loans. Sets forth requirements for: (1) agreements to the terms of such loans; and (2) disbursement of the proceeds of such loans. Sets forth the responsibilities of eligible institutions and of the Secretary of the Treasury for certain information requirements relating to the IDEA loan program. Sets forth provisions for interest charges on such loans. Requires such charges to be added to the recipient's obligation account at the end of each calendar year. Bases such charges on an interest rate equal to the lesser of: (1) ten percent; or (2) the sum of the average bond equivalent rates of 91-day Treasury bills auctioned for the previous year, plus two percentage points, rounded to the next higher one-eighth of one percent. Provides for conversion and consolidation of certain other types of student loans as IDEA loans. Authorizes the Secretary of the Treasury, upon request of borrowers who have received federally insured or guaranteed loans under specified provisions of the Higher Education Act of 1965 (HEA) (Stafford loans) or of the Public Health Service Act (PHSA) (HEAL loans), to make new IDEA loans to such borrowers which are equal to the sum of the unpaid principal of those other loans and which discharge the liability on those other loans. Provides for mandatory conversion of certain defaulted student loans to IDEA loans. Requires IDEA collection treatment of any loan made, insured, or guaranteed under specified provisions of HEA or PHSA after enactment of this Act which is assigned after default for collection by the Secretary of Education or the Secretary of Health and Human Services. Directs such Secretaries to notify: (1) the Secretary of the Treasury of the need to establish or adjust an IDEA account for such loan's borrower; and (2) the borrower of the conversion of the defaulted loan to an IDEA loan and the procedures for collection under the income tax system. Terminates the authority to make additional loans under the HEA programs of supplemental loans for students (SLS) and direct loans to students in institutions of higher education, for any academic year beginning after the date regulations are prescribed by the Secretaries of Education and the Treasury to carry out this title. Authorizes appropriations to: (1) make distributions of IDEA loan funds to eligible institutions; and (2) administer and carry out this title. Bases student eligibility for IDEA loans on their eligibility for student assistance under specified HEA provisions and their carrying at least one-half the normal full-time academic workload. Title II: Collection of Income-Dependent Education Assistance Loans - Amends the Internal Code to add provisions for the collection of IDEA loans. Directs the Secretary of the Treasury to notify each IDEA loan borrower of their yearly repayment obligation. Sets forth formulas for computation of the annual IDEA loan repayment amount. Makes such amount equal to the lesser of: (1) 20 percent of the excess of the modified adjusted income of the taxpayer for such taxable year over the standard deduction and exemption (twice for joint returns); or (2) the product of a base amortization amount and a progressivity factor based on the taxpayer's modified adjusted gross income. Defines "base amortization amount" as the amount which, if paid at the close of each year for 12 consecutive years, would fully repay (with an eight-percent annual interest rate) the maximum account balance of the borrower. Sets forth progressivity factor tables for various types of taxpayers. Provides that, in general, the repayment obligation of an IDEA loan borrower shall terminate only if there is repaid: (1) in the case of any repayment during the first 12 years for which the borrower is in repayment status, the principal plus interest at an annual rate equal to the otherwise applicable rate plus two and one-half percent; and (2) in the case of any repayment during any subsequent year (or in the case of loans under $3,000 repaid during the first 12 years), the principal plus interest at applicable rates. Requires no repayment after 25 years in repayment status. Sets forth provisions for the determination of years in repayment status. Sets forth the requirements for payment of the amount owing. Directs the Secretary of the Treasury to assess and collect any unpaid amount in the same manner as for any delay in the payment of income tax. Provides for discharge, by the Secretary of Education, of the IDEA loan liability of any borrower who dies or becomes permanently and totally disabled. Provides for crediting of amounts paid on a joint return. Sets forth formulas for computation of an alternative annual payment for individuals who have attained age 55. Provides for inflation adjustment in the computation of the progressivity factor. Provides that, in general, an IDEA loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary of the Treasury to postpone certain portions of the loan liability in such cases. Makes specified provisions relating to finality of assessment and collection applicable to such loans. Includes the amount required to be repaid for IDEA loan uner amounts listed under requirements relating to failure by an individual to pay estimated income tax. Requires individuals who are obligated to make IDEA loan repayments to file income tax returns for the applicable years.
United States · United States Congress · 8 May 1991
Freedom from Want Act - Title I: Domestic Assistance Programs - Part A: Nutrition, Education, and Health Care - Expresses the sense of the Congress that it should make a commitment to increasing participation in the special supplemental food program for women, infants, and children (the WIC program) by 20 percent in each of FY 1992 through 1996, so that the goal of full participation may be reached by the end of FY 1996. Expresses the sense of the Congress that the Head Start Act should be fully funded so that the goal of participation of all eligible three- and four-year-old children in Head Start programs can be achieved by FY 1994. Amends the Older Americans Act of 1965 to increase the reimbursement provided by the Department of Agriculture for congregate and home-delivered meals for older Americans to 65.66 cents in FY 1992, with adjustments for inflation in FY 1993 and 1994. Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to undertake a Children's Vaccine Initiative, for research, development, testing, and evaluation of children's vaccines, and for assisting in delivery of such vaccines in the United States and throughout the world. Directs the Secretary of HHS to consult with the World Health Organization and the United Nation's Children's Fund in organizing such Initiative. Requires the Director of the National Vaccine Program to plan and coordinate such Initiative, and ensure that the Public Health Service conducts activities under the Initiative in collaboration with nongovernment institutions and other Federal agencies. Authorizes appropriations. Directs the Secretary of Agriculture to ensure that rules issued under the Federal Meat Inspection Act that impose labeling standards for any meat or meat food product sold or offered for sale in commerce also impose equivalent labeling standards for meat or meat food products distributed by the Department of Agriculture through domestic commodity food assistance programs. Part B: Individual Development Account Demonstration - Amends the Internal Revenue Code to allow a deduction for payments (other than certain assistance from an organization of a demonstration project under this part) made by or on behalf of eligible individuals to an individual development account (IDA) to accumulate funds to pay the following qualified expenses: (1) postsecondary education expenses; (2) first-home purchase; (3) business capitalization; (4) retirement expenses; and (5) transfers to an IDA of the individual's spouse or dependent. Sets forth requirements relating to such IDAs. Establishes five-year IDA demonstration projects to determine: (1) the social, psychological, and economic effects of providing to individuals with limited means an opportunity to accumulate assets; and (2) the extent to which an asset-based welfare policy may be used to enable individuals with low income to achieve economic self-sufficiency. Allows any organization to apply to the Secretary of the Treasury for grants to conduct such a project. Requires each organization authorized to conduct such a project to establish a Reserve Fund drawn from investments, public and private funds, and IDA penalty amounts. Requires the organization to use Reserve Fund amounts to: (1) assist project participants in obtaining skills and information to achieve economic self-sufficiency through activities requiring IDA qualified expenses; (2) provide financial assistance to the IDAs of individuals selected by the organization to participate in the project; (3) administer the project; and (4) provide the organization evaluating the project with necessary information. Directs the organization to invest Reserve Fund amounts that are not immediately needed to carry out such project fund uses. Limits the administrative expenses. Requires that unused Federal grant funds be transferred to the Secretary when the project terminates. Makes eligible for IDA demonstration project assistance any individual who is a member of a household with: (1) a household income for the immediately preceding calendar year of not more th an 200 percent of the poverty threshold; and (2) a household net worth, as of the close of such year, of not more than $20,000. Directs the project organization to select individuals whom the organization deems suited to receive such assistance. Sets forth a table for organization contributions to an individual's IDA, based on: (1) the individual income for the applicable period, as a percentage of the poverty threshold; and (2) matched with the lesser of either a specified percentage of the qualified savings of the individual for the period, or a specified dollar amount. Provides for a greater organization contribution for individuals with lower incomes. Requires local control over demonstration projects by giving the organization sole authority over project administration, and allowing the Secretary of the Treasury to prescribe only regulations that are necessary to ensure compliance with approved applications and this Act. Requires each project organization to prepare ten semiannual progress reports for an oversight panel, the Secretary of the Treasury, and the Treasurer (or equivalent official) of the State in which the project is conducted. Directs the Secretary of the Treasury to establish an oversight panel for such demonstration projects. Authorizes the Secretary of the Treasury to revoke the original authorization for a demonstration project upon receipt of a notice that the project has failed to implement the oversight panel's recommendations. Sets forth required revocation actions and procedures. Requires the oversight panel to enter into a contract with an independent research organization to evaluate the IDA demonstration projects, individually and as a group, addressing specified questions. Authorizes appropriations for IDA demonstration projects. Requires that funds in the IDAs of demonstration project participants to be disregarded for purposes of all means-tested Federal programs. Part C: Microenterprise Programs - Amends the Social Security Act to include microenterprise training programs under the JOBS program under provisions for aid to families with dependent children (AFDC). Requires adjustment of performance standards for microenterprises to take account of the time required for their establishment. Provides for limited exclusions of microenterprise resources and income under the AFDC program. Defines a microenterprise as a commercial enterprise which has five or fewer employees, one or more of whom owns the enterprise; and (2) none of the owners of which has income exceeding 200 percent of the poverty threshold. Authorizes States to waive Federal AFDC requirements with respect to participants in State-approved microenterpise programs. Provides that participation in such State-approved microenterprise programs shall not affect the participants' means-tested Federal benefits. Amends the Consolidated Farm and Rural Development Act to make microenterprises eligible for rural development loans and grants. Expresses the sense of the Congress that one percent of funds for specified types of rural development assistance should be reserved for certain purposes relating to microenterprises. Amends the Housing and Community Development Act to make microenterprises eligible for assistance under community development block grants. Provides that certain assisted activities relating to microenterprises shall be considered to benefit persons of low and moderate income. Expresses the sense of the Congress that each grantee under the community development block grant program should reserve one percent of any grant received to provide assistance to facilitate commercial economic development through microenterprises. Amends the Small Business Act to express the sense of the Congress that: (1) one percent of specified funds for small business loans should be reserved for specified purposes relating to microenterprises; and (2) the Small Business Administrator should take such other necessary actions to maximize participation by microenterprises in programs under such Act and the Small Business Investment Act of 1958. Provides for small business loans for microenterprises. Amends the Job Training Partnership Act (JTPA) to authorize the use of funds for training activities with respect to microenterprises. Directs the State Governor to adjust performance standards relating to microenterprises to reflect the time required to establish and develop a stable income from such an enterprise as participants seek to achieve economic self-sufficiency. Provides for JTPA microenterprise grants. Directs the Secretary of Labor, from specified funds for FY 1992 through 1996, to make grants in limited amounts to not more than ten States per year to implement and enhance community-based microenterprise activities. Requires State matching funds and annual reports. Authorizes appropriations for such microenterprise grants. Part D: Increasing the Food Purchasing Power of Low-Income Households - Authorizes the Secretary of Agriculture to make grants to up to 20 nonprofit community-based organizations to carry out food retailing development projects to: (1) increase the access of individuals residing in communities underserved by supermarkets to more affordable and quality food; and (2) strengthen the operation of existing food retail stores in underserved communities by providing such stores with services that lower costs, improve management, and increase the quality and nutritional value of food inventories. Sets forth priorities in selecting grantees. Sets forth requirements for grant expenditures. Authorizes appropriations for such food retailing development program. Authorizes the Secretary of Agriculture to make grants to up to ten eligible entities to carry out a food stamp and producer direct marketing demonstration project to: (1) increase retail marketing opportunities for local agricultural producers through farmers markets, roadside stands, and other means; (2) increase the access to and consumption of fresh, perishable agricultural commodities by low-income individuals; (3) identify and implement successful strategies to increase the number of agricultural producers certified to redeem food stamp coupons in exchange for commodities sold directly to coupon recipients; and (4) increase the number of food stamp recipients who use such coupons to purchase such commodities from agricultural producers. Sets forth requirements for grant expenditures. Defines an eligible entity as a community-based organization with strong ties to both the farming community and to an anti-hunger organization. Authorizes appropriations for such food stamp and producer direct marketing demonstration program. Amends the Child Nutrition Act of 1966 to revise WIC farmers' market demonstration programs. Increases from ten to 20 the number of States allowed to provide WIC participants with coupons to purchase fresh fruit and vegetables from farmers markets. Sets forth requirements for program reports and review. Authorizes appropriations. Part E: Assessing Food Security within Communities - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to provide for regional centers for community food security. Directs the Secretary of Agriculture, through the Federal Extension Service, to make competitive grants to seven land grant colleges and universities to establish seven regional centers for community food security, with one of them designated to serve as a coordinating center. Sets forth requirements for selection of recipients, use of grants, prohibited uses, term of grants, performance evaluations, and annual reports. Defines food security as the ability of all people at all times to purchase or receive from usual food sources enough nutritionally adequate food for an active and healthy life. Part F: Findings Regarding Communities Making the Transition to Hunger-Free Status - Expresses the sense of the Congress regarding criteria for communities making the transition to food secure status. Part G: Infant Mortality Reduction - Subpart 1: Low Birthweight and Infant Mortality - Establishes within the Department of Health and Human Services a program to make grants to States, municipalities, and nonprofit organizations to establish demonstration projects to reduce infant mortality by reducing the incidence of low birthweight births in high-risk communities. Sets forth grant application requirements and preferences in awards. Directs the Secretary of HHS to: (1) establish an Infant Mortality Advisory Panel; and (2) evaluate such projects and provide technical assistance to grantees. Requires annual reports from grantees. Limits project duration to three years. Authorizes appropriations. Subpart 2: Breast Feeding and Infant Morbidity and Mortality Study - Directs the Secretary of HHS to establish a program to award grants to conduct studies of the impact of breastfeeding on infant mortality and morbidity in certain high-risk populations. Authorizes appropriations for each fiscal year for conducting such study. Part H: Amendments to the Food Stamp Act of 1977 - Mickey Leland Childhood Hunger Relief Act - Subpart 1: General Provisions - Sets forth general provisions. Subpart 2: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program (program) eligibility. (Sets forth transitional caps through FY 1995.) Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year until it reaches 105 percent of the cost of the thrifty food plan. Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Subpart 3: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Excludes from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Increases dependent care deductions and participant and State agency reimbursements in connection with employment and training activities. Subpart 4: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Permits a participating family made up of, or including, an elderly or disabled member to own $300 in allowable financial resources. (Current law refers to a family member 60 years of age or older.) Makes program authorization of appropriations permanent. Subpart 5: Implementation and Effective Dates - Sets forth the effective dates for provisions of this Act. Title II: International Programs - Part A: Food as a Human Right - Declares that the United States should: (1) make a major effort toward strengthening the right to food in international law; and (2) propose to the United Nations General Assembly that a Declaration and Convention on the Right to Food be adopted and submitted to countries for ratification. Prohibits the provision of development assistance under the Foreign Assistance Act of 1961 and the provision or financing of agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954 for countries that engage in a consistent pattern of violations of internationally recognized rights to food and medical care. Requires the United States to: (1) make a major effort toward reforming and restructuring the United Nations mechanism for responding to international disasters and humanitarian emergencies; and (2) evaluate the role of the United Nations Disaster Relief Organization and develop a proposal for strengthening the United Nations response to such emergencies. Part B: Democratic Empowerment - Amends the Foreign Assistance Act of 1961 to authorize the President, acting through the administrator of the agency responsible for administering development assistance (administering agency), to provide assistance for eligible emerging democracies. Defines an "eligible emerging democracy" as a least developed country that is making a transition from an undemocratic to a democratic system of government. Lists authorized assistance as development and relief and rehabilitation assistance and assistance for child survival, maternal health, basic nutrition, and basic education. Waives provisions of law that prohibit or restrict assistance to countries in arrears or default on loan or credit payments owed to the United States with respect to assistance for eligible emerging democracies. Establishes a Fund for Democratic Empowerment to carry out such assistance program. Authorizes appropriations. Part C: Children - Authorizes appropriations for FY 1992 and 1993 for U.S. contributions to the United Nations Children's Fund. Amends the Foreign Assistance Act of 1961 to authorize appropriations for the Child Survival Fund for FY 1992 and 1993. Earmarks amounts of foreign assistance for activities that deal directly with the special health needs of children and mothers. Requires the President, with respect to the provision of development assistance, to promote and undertake activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Designates such assistance as the International AIDS Prevention and Control Program. Earmarks amounts of development assistance for FY 1992 and 1993 for the Vitamin A Deficiency Program and programs to eliminate iodine deficiency. Expresses the sense of the Congress that the United States should join in a comprehensive initiative to reduce micronutrient deficiencies from iron, as well as leading in the elimination of vitamin A and iodine deficiency. Earmarks foreign assistance for basic education programs. Directs the President to report annually to the Congress on U.S. contributions to the goals and strategies of the World Declaration on the Survival, Protection and Development of Children; the Plan of Action for Implementing the Declaration; the World Declaration on Education for All; and the Framework for Action to Meet Basic Learning Needs. Part D: Women in Development - Removes a limitation on, and earmarks an amount of, assistance to promote the participation and integration of women in the development process in developing countries. Requires specified amounts of such assistance to be used to support the integration of women into programs of the administering agency and to support needs of such agency in administering the women in development policy. Part E: Refugees - Authorizes appropriations for FY 1992 and 1993 for migration and refugee assistance, with earmarked funds for programs of refugee assistance overseas. Expresses the sense of the Congress that other international donors should join with the United States in ensuring that refugee relief and rehabilitation efforts are adequately funded and supported. Part F: Agriculture and the Environment - Requires agricultural development programs supported by the United States under the Foreign Assistance Act of 1961 and in the multilateral development banks and International Monetary Fund (IMF) to incorporate principles of environmental sustainability. Directs the Administrator of the Agency for International Development (AID) to establish specified environmental sustainability guidelines and standards to be applied to all agricultural development programs supported under the Foreign Assistance Act of 1961, bilateral agricultural projects, and, where appropriate, environmental projects supported under such Act. Requires the U.S. executive directors of the multilateral development banks and the IMF to seek the adoption of requirements comparable to such standards by their respective institutions. Declares that AID should make a long-term commitment to research the ecological and socioeconomic components of sustainable agricultural development. Provides that research topics should include: (1) how traditional systems of agriculture respond to local ecological conditions and how such responses can be incorporated in agricultural development that aims to increase yields without degrading long-term productive potential or the ability to withstand ecological pressures; (2) the role of subsistence agriculture in meeting the nutritional needs of rural populations and the improvement of subsistence food production; and (3) the improvement of crops which comprise a substantial part of the diet of the poorest part of the population. Declares that the United States should encourage the Consultative Group on International Agriculture to incorporate such topics into its research priorities and to promote the application of research findings into project design and implementation. States that AID should increase its support for agricultural research institutions that have demonstrated a capacity to contribute to sustainable agricultural development. Directs the AID Administrator to report to the Congress on AID programs directed toward sustainability as a basis for agricultural assistance efforts. Part G: World Bank and International Monetary Fund - Expresses the sense of the Congress that the Secretary of the Treasury should instruct the U.S. executive directors of the International Bank for Reconstruction and Development (World Bank), the International Development Association (Association), and the IMF to seek the establishment by their institutions of programs and policies to assist in the realization of the right to food. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct: (1) the U.S. executive director of the Association to advocate, in the context of the Association's tenth replenishment, that at least 50 percent of the Association's loans go to countries that have developed a national development and poverty alleviation strategy; and (2) the U.S. executive directors of the World Bank and the IMF to urge such institutions to develop Policy Framework Papers (including sections on environmental goals) for borrowing countries. Expresses the sense of the Congress that the World Bank and the Association should: (1) give greater programmatic and budgetary priority to child survival and development; and (2) commit to devoting at least five percent of the annual lending programs to primary health and five percent to basic education. Directs the Secretary to instruct the U.S. executive directors of the World Bank and the Association to urge such institutions to: (1) promote environmental sustainability as a guiding principle in agricultural development projects; (2) emphasize food-based policies in agriculture by increasing funding for research focusing on improving foods which comprise a substantial portion of the diet of poor people; and (3) ensure that such projects target and integrate women. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to instruct the U.S. executive director of the IMF to urge the IMF to ensure that IMF programs are designed to avoid any deterioration in the provision of social services for basic human needs and to maintain sustainable use of the environment. Part H: Debt Relief - Amends the Foreign Assistance Act of 1961 to authorize the President to make certain debt relief authorities concerning relatively least developed countries with respect to which an IMF standby agreement or a World Bank or Association structural adjustment program or similar IMF program is in effect applicable to least developed countries pursuing specified national economic policy reforms, even if such an arrangement is not in effect. Part I: Private and Voluntary Organizations - Increases the amount of funding for private and voluntary organizations under the Foreign Assistance Act of 1961.
United States · United States Congress · 7 May 1991
Rural Medical Emergencies Air Transport Act of 1991 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to at least seven States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. Requires: (1) preference for States with plans to integrate the proposed air medical system into a comprehensive network or plan for regional or statewide emergency medical services; and (2) the grant to be administered by the State agency responsible for medical emergency or trauma services programs. Allows the State to award grant funds to public and private entities. Authorizes appropriations.
United States · United States Congress · 2 May 1991
Uniformed Services Former Spouses Protection Act Fairness Amendments of 1991 - Prohibits payments from the disposable retired pay of a member of the armed forces to a former spouse (as part of a court-ordered property settlement agreement) after the remarriage of such former spouse. Prohibits payments so terminated from being reinstated on account of the subsequent termination of the former spouse's remarriage. Directs the Secretary of Defense to promulgate regulations for ascertaining the current marital status of former spouses receiving such payments. Provides that, in the case of a member whose final decree of divorce, dissolution, annulment, or legal separation is issued before such member begins to receive retired pay, the disposable retired pay of such member shall be based on the pay grade and length of service of such member while married up to the date of the final decree. Provides for recomputation of amounts currently provided in accordance with amendments made by this Act. Amends the National Defense Authorization Act for Fiscal Year 1991 to state that changes made in the determination of retired pay as property for property settlement purposes under such Act shall not take effect in the case of property settlement payments due before the end of the one-year period (currently two-year) after the effective date of such Act. Provides that if a court, as part of a final divorce, dissolution, annulment, or legal separation decree, does not treat or reserve jurisdiction to treat the disposable retired pay of a member as either his property or his and his former spouse's property, then, in any subsequent judicial proceeding, the jurisdiction of the court to address such question shall be separately established at such time. Allows a former spouse to make application to a court for division of retired pay as joint property within two years of such a final decree. Provides that a member's disability pay payable as part of his or her retired pay shall not be included by a court as joint property of the member and former spouse subject to division as part of a court-ordered property settlement. Prohibit a court from: (1) ordering a member to make a property settlement payment out of the member's active duty income earned after the date the member first becomes eligible to retire; or (2) making a member pay a pre-retirement payment equivalent to a payment which would otherwise be made had the member retired and commenced receiving retired pay. Outlines provisions for the determination of a pre-retirement payment. Prohibits a court from ordering a member recalled to active duty to commence or continue payments to a former spouse resulting from the treatment of retired pay as joint property for the entire period such member continues on such active duty.
United States · United States Congress · 1 May 1991
Just Compensation Act of 1991 - Requires the head of any Federal agency who takes an action under the Endangered Species Act, the Surface Mining Control and Reclamation Act of 1977, or under specified provisions of the National Trails System Act or of the Federal Water Pollution Control Act relating to wetlands to compensate the owner of private property for any diminution in value caused by the action. Authorizes appropriations.
United States · United States Congress · 1 May 1991
Constitutional Amendment - Declares that nothing in the Constitution shall prohibit the inclusion of voluntary prayer in any public school program or activity. Provides that neither the United States nor any State shall prescribe the content of any such prayer.
United States · United States Congress · 1 May 1991
Amends rules XXI of the Rules of the House of Representatives to require a three-fifths majority vote on the passage of any bill, amendment, or conference report that increases revenues. Amends rule XI to prohibit the Committee on Rules from reporting any rule or order to waive such requirement.
United States · United States Congress · 25 April 1991
Family Caregiver Support Act of 1991 - Amends the Social Security Act to add a new title XXI entitled "Grants to States for Family Caregiver Support Programs" to establish a program to enable States to furnish services to support informal caregivers of individuals with functional disabilities. Outlines State plan requirements for such caregiver support services, including requirements that: (1) States must support 50 percent of program administration costs; (2) services may not supplant Medicare or Medicaid (titles XVIII and XIX of the Social Security Act) or private insurance otherwise available to eligible recipients of services; and (3) persons with incomes exceeding 200 percent of the Federal poverty level must pay on a sliding fee scale established by the State, up to a maximum annual income of $75,000. Caps total annual Federal expenditures at $2,400 per eligible recipient. Authorizes appropriations to carry out the new title.
United States · United States Congress · 24 April 1991
Amends Federal provisions relating to the National Guard to add a new chapter concerning the formation of State defense forces. Defines a "State defense force" as a military force organized by a State to become operational when the State National Guard forces are federalized or otherwise unavailable or inadequate for the defense needs of such State. Provides that, as general policy, State defense forces are in the national interest as a military reserve force ready to supplement National Guard forces and State and local government agencies for the performance of specified functions. Provides that membership in a State defense force shall be determined by the individual States, but that a member of the U.S. armed forces shall not also be a member of a State defense force, unless specifically authorized to do so. Provides further that membership in a State defense force does not exempt a person from any required duty under the Military Selective Service Act, nor does such membership limit a person from enlistment or appointment in an armed force. Authorizes the Secretary of a military department to issue or loan military equipment, supplies, or uniforms to a State for use in connection with its State defense force. Directs the Secretary of Defense to prescribe policies and procedures to be followed in the issuing and loaning of such equipment. Authorizes the sale (by the Secretary of the military department concerned) and the wearing of military uniforms by members of a State defense force, as long as such uniforms have been approved by such Secretary. Authorizes the Secretary of a military department to provide a member of a State defense force and States with defense forces training and training assistance for such forces. Authorizes such training, in the alternative, to be provided by an executive department and an independent agency of the Federal Government in the interest of national security and when not detrimental to the primary operational requirements of the department or agency concerned. Authorizes the Secretary of a military department to require reimbursement from a State for the cost of providing training or training assistance to the State defense force of such State. Declares that reimbursement normally should be required in the case of training provided a member of a State defense force for a period exceeding 14 days. Directs that the chief executive officer of a State sponsoring a State defense force is the responsible official for that force. Provides that the Chief of the National Guard Bureau shall serve as the means of communication between a State and the Federal Government on matters involving the State defense forces. Provides that a member of a State defense force is not to be considered a member of the U.S. armed forces for any reason, including eligibility for federally-sponsored health care or disability benefits. Authorizes the Secretary of a military department to conduct such background investigations for potential members of State defense forces as considered necessary and appropriate by such Secretary for the granting of appropriate security clearances for such personnel. Encourages a State sponsoring a State defense force to make available to officials of the State defense force all appropriate criminal history information, and to maintain a record of such information pertaining to a member in order that security clearances may be expedited in time of mobilization or national emergency.
United States · United States Congress · 24 April 1991
Designates September 20, 1991, as National POW/MIA recognition Day. Requires the display of the National League of Families POW/MIA flag: (1) at all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1991 (Memorial Day), September 20, 1991 (National POW/MIA Recognition Day), and November 11, 1991 (Veteran's Day); and (2) on, or on the grounds of, the White House, and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Director of the Selective Service Commission on September 20, 1991 (National POW/MIA Recognition Day).
United States · United States Congress · 23 April 1991
Amends Federal provisions relating to the National Guard to add a new chapter concerning the formation of State defense forces. Defines a "State defense force" as a military force organized by a State to become operational when the State National Guard forces are federalized or otherwise unavailable or inadequate for the defense needs of such State. Provides that, as general policy, State defense forces are in the national interest as a reserve force of the States, for specified reasons. Provides that membership in a State defense force shall be determined by the individual States, but that a member of the U.S. armed forces shall not also be a member of a State defense force. Provides further that membership in a State defense force does not exempt a person from any required duty under the Military Selective Service Act, nor does such membership limit a person from enlistment or appointment in an armed force. Authorizes the Secretary of a military department to issue or loan military equipment, supplies, or uniforms to a State for use in connection with its State defense force. Directs the Secretary of Defense to prescribe policies and procedures to be followed in the issuing and loaning of such equipment. Authorizes the sale (by the Secretary of the military department concerned) and the wearing of military uniforms by members of a State defense force, as long as such uniforms have been approved by such Secretary. Authorizes the Secretary of a military department to provide a member of a State defense force and States with defense forces training and training assistance for such forces. Authorizes such training, in the alternative, to be provided by an executive department and an independent agency of the Federal Government in the interest of national security and when not detrimental to the primary operational requirements of the department or agency concerned. Provides that the Chief of the National Guard Bureau shall serve as the means of communication between a State and the Federal Government on matters involving the State defense forces. Provides that a member of a State defense force is not to be considered a member of the U.S. armed forces for any reason, including eligibility for federally-sponsored health care or disability benefits. Authorizes the Secretary of a military department to conduct such background investigations for potential members of State defense forces as considered necessary and appropriate by such Secretary for the granting of appropriate security clearances for such personnel. Authorizes a State sponsoring a State defense force to conduct necessary and appropriate background investigations as a condition for allowing access to classified information by a member of the defense force.
United States · United States Congress · 23 April 1991
Nuclear Decommissioning Reserve Fund Act of 1991 - Amends the Internal Revenue Code to: (1) decrease the rate of the tax imposed on the income of any Nuclear Decommissioning Reserve Fund; and (2) remove restrictions on permitted investments of Fund monies.
United States · United States Congress · 17 April 1991
Limits the total numbers of civilian employees in each branch of the Government on September 30th of 1994 and each year thereafter, to the number in such branch on September 30, 1990. Suspends such limitation during a war or a national emergency. Prohibits attaining compliance with such mandate through any involuntary separations. Exempts from such mandate employees within the executive branch who are law enforcement officers or who are involved in the delivery of health care services and employees of the Central Intelligence Agency, the Defense Intelligence Agency, or the National Security Agency.
United States · United States Congress · 15 April 1991
Amends the Internal Revenue Code and title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) with respect to the social security exemption for election officials and election workers employed by State and local governments to increase the allowed remuneration paid to such workers.
United States · United States Congress · 11 April 1991
Davis-Bacon Repeal Act of 1991 - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works).
United States · United States Congress · 22 March 1991
Authorizes the Thomas Paine National Historical Association U.S.A. Memorial Foundation to construct in the District of Columbia or its environs an appropriate monument honoring the American patriot, Thomas Paine. Prohibits the use of Federal funds for the establishment of the memorial.
United States · United States Congress · 22 March 1991
Operation Desert Storm Commemorative Coin Act - Requires the Secretary of the Treasury to issue one dollar and ten dollar coins emblematic of the United States military's participation in Operation Desert Storm. Prescribes guidelines for the sale of such coins, including the solicitation by the Secretary of the Treasury and the President of the United Service Organizations of bids for proposals from marketing organizations to implement a coin marketing agreement. Mandates that such agreement not indicate in any manner that any portion of the sales price to the public constitutes a tax deductible contribution. Sets forth a surcharge distribution scheme. Mandates that: (1) all amounts received from the sale of such coins be deposited in the coinage profit fund; and (2) the minting and issuing of such coins not result in any net cost to the Federal Government.
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 manufacturing affiliate conducts all of its manufacturing activity within the United States and uses component parts manufactured in the United States unless specified requirements regarding good faith efforts to obtain such component parts in the United States and domestic content are met; (3) 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 · 20 March 1991
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, for custom harvesting, or in commercial feed yard operations, regardless of whether or not they are controlled or operated by a farmer.
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
Excludes the Civil Service Retirement and Disability Fund from the Federal budget, the congressional budget, and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 19 March 1991
Amends the Internal Revenue Code to restore prior law for determining wages subject to employer social security taxes for certain employers whose employees receive income from tips.
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 · 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
Felon Handgun Purchase Prevention Act of 1991 - Amends the Federal criminal code to prohibit a licensed importer, manufacturer, or dealer from transferring a handgun from business inventory to any other person unless: (1) before the completion of the transfer the licensee contacts the hotline established under this Act; and (2) the hotline notifies the licensee that the information available does not demonstrate that the receipt of a handgun by such other person would violate provisions of the Federal criminal code (Federal provisions), or that the hotline will not be able to respond to the licensee before the end of the next business day; or (3) at least 24 hours have elapsed since the licensee first contacted the hotline with respect to the transfer and the hotline has not notified the licensee that the information available to the hotline demonstrates that the receipt of a handgun by such other person would violate such provisions. Makes such prohibition inapplicable to a handgun transfer between a licensee and another person if: (1) such other person presents to the licensee a valid permit or license, issued by the State or political subdivision in which the transfer is to occur, that authorizes such other person to purchase, possess, or carry a firearm; (2) the Secretary has approved the transfer under provisions of the Internal Revenue Code; (3) telephone service is not provided to the premises where the licensee conducts business subject to such license and is not generally available to the public in the area in which such premises are located; (4) the ability of the licensee to exchange information with the hotline is impaired due to circumstances beyond the control of the licensee; or (5) the licensee, pursuant to State law, notifies State law enforcement authorities of the proposed transfer and such authorities approve the transfer or determine that receipt of a handgun by such other person would not violate State law. Requires the licensee to include in the record of transfer the identification number provided by the hotline with respect to the transfer where the hotline notifies the licensee that the information available to the hotline does not demonstrate that the receipt of a handgun by such other person would violate Federal provisions. Establishes penalties against the licensee for knowingly failing to comply with provisions of this Act. Directs the Attorney General to: (1) establish such hotline; (2) arrange for a toll-free telephone number; (3) ensure that the hotline operates continuously; (4) ensure that not more than two percent of the initial telephone responses of the hotline contain erroneous determinations; and (5) notify each licensee of the existence, purpose, and toll-free number of the hotline. Specifies that the hotline shall not provide information to any caller with respect to another person unless: (1) the hotline verifies that the caller is a licensee; and (2) the caller states that such other person seeks to obtain a handgun and the caller provides the name and social security number (or other identifying information for a person with no number) of such other person. Directs that, if such requirements are met, the hotline: (1) inform the caller whether the information available to the hotline demonstrates that the receipt of a handgun by the person would violate Federal provisions; and (2) if such receipt would not violate such provisions, assign a unique identification number to the transfer, provide the caller with the number, and destroy all records of the hotline with respect to the call (other than the identifying number and the date the call was received) and all records of the hotline relating to the person. Requires the hotline: (1) to make every effort to provide the caller with the information required immediately or by return telephone call without delay; and (2) if it is unable to comply with such requirement due to circumstances beyond the hotline's control, to advise the caller that the response of the hotline will be delayed and the reasons for, and probable length of, the delay, and make every effort to provide the information required within 24 hours of the initial call. Authorizes the Attorney General to secure directly from any U.S. department or agency such information as necessary to enable the hotline to operate in accordance with this Act. Directs the head of such department or agency, on request of the Attorney General, to furnish such information to the hotline. Requires the Attorney General to develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel as necessary to establish and operate the hotline. Sets forth procedures for the correction of erroneous hotline information. Creates a private cause of action where a person is denied a handgun based on erroneous information provided by the hotline. Bars any U.S. department, agency, officer, or employee from: (1) requiring that any record or portion thereof maintained by the hotline be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision; or (2) using the hotline to establish any system for the registration of handguns, handgun owners, or handgun transactions or dispositions, except with respect to persons prohibited by Federal provisions from receiving a handgun. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase the percentage of funds (from five to ten percent) to be allocated by each State for the improvement of criminal justice records; and (2) include in such improvement the sharing of such records with the Attorney General for use by the hotline established under this Act.
United States · United States Congress · 13 March 1991
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 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
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
Amends the Federal Employees' Group Life Insurance Act of 1980 to provide for the establishment of a one-year period during which certain Federal employees who retired on an immediate annuity or became entitled to receive compensation for work injury before December 9, 1980, shall be allowed to resume coverage under the Federal employees' group life insurance program, including coverage under the optional insurance programs.
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 · 6 March 1991
Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women age 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary to periodically review and revise permissible frequencies of such tests.
United States · United States Congress · 6 March 1991
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to revise the breast cancer screening benefit provided under the Omnibus Budget Reconciliation Act of 1990 to cover on an annual basis (currently, biennial) routine breast cancer screening for women over age 64.
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
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).
![Official portrait of Rep. Taylor, Charles H. [R-NC-11]](https://www.congress.gov/img/member/t000067_200.jpg)