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United States · Official source
4,138 records where Sen. D'Amato, Alfonse [R-NY] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 20 March 1991
Designates the weeks beginning November 24, 1991, and November 22, 1992, as National Family Caregivers Week.
United States · United States Congress · 20 March 1991
Recognizes and honors the reserve armed forces for their courage and contribution to the victory in the Persian Gulf through Operation Desert Storm.
United States · United States Congress · 20 March 1991
Recognizes the role of the National Railroad Passenger Corporation (Amtrak) in preserving a national rail passenger system and providing Americans with an energy efficient, environmentally preferable transportation alternative. Declares that the need for a balanced national transportation system dictates that transportation planners consider the many advantages of improved rail passenger services as they look to addressing national and regional transportation concerns.
United States · United States Congress · 19 March 1991
Designates November 19, 1991, as National Philanthropy Day.
United States · United States Congress · 14 March 1991
Omnibus Transportation Employee Testing Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring domestic and foreign air carriers to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program. Prohibits such employees from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) engaged in such use while on duty; (2) prior to such use had undertaken or completed a rehabilitation program; (3) refuse to undertake such rehabilitation program; or (4) fail such rehabilitation program. Requires domestic and foreign air carriers to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems. Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for safety-sensitive functions and who need assistance in resolving substance abuse problems. Outlines the requirements of such program. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to issue regulations that establish a program which requires railroads to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of railroad employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Outlines the requirements for such testing program. Requires each railroad to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems. Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary to establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for use of alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving loss of human life, serious bodily injury, or significant property damage. Directs the Secretary to issue regulations setting forth the requirements for a rehabilitation program for the identification and treatment of commercial motor vehicle operators who are determined to have used alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions against operators who are determined, as a result of such tests, to have used alcohol or a controlled substances without lawful authorization (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use without lawful authorization of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results. Authorizes appropriations for such pilot testing program. Directs the Secretary to issue regulations that establish a program which requires mass transportation operations which receive mass transportation assistance under the Urban Mass Transportation Act of 1964 to conduct preemployment, reasonable suspicion, random, periodic recurring, and post-accident testing of mass transportation employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Secretary to issue regulations setting forth requirements for rehabilitation programs which provide for the identification and treatment of mass transportation employees who are determined to have used alcohol or a controlled substance. Outlines the requirements for such program. Requires the disqualification for a period of time or dismissal of mass transportation employees who have been determined to have used alcohol while on duty or a controlled substance, whether on duty or not on duty. Prohibits a person from receiving mass transportation assistance if such person is required to establish an alcohol and controlled substances testing program and fails to establish such a program.
United States · United States Congress · 14 March 1991
Directs the Secretary of Agriculture to establish through December 31, 1991, a minimum basic formula price for Class I (beverage use) milk that shall not be less than the August 1990 price. Pools the proceeds from such formula uniformly among producers. Directs the Secretary to make loan guarantees for facility upgrades through December 31, 1992. Sets forth minimum solid content for beverage milk (whole, lowfat, and skim). Amends the Agricultural Act of 1949 to direct the Commodity Credit Corporation to encourage the export of heifers through the export enhancement program under specified conditions.
United States · United States Congress · 14 March 1991
Designates October 1991 as National Breast Cancer Awareness Month.
United States · United States Congress · 14 March 1991
Establishes the Senate Select Committee on POW/MIA Affairs to receive, concurrently with other committees of the Senate with jurisdiction, all messages, petitions, memorials, and other matters relating to U.S. personnel unaccounted for from military conflicts.
United States · United States Congress · 13 March 1991
Amends the Civil Rights Attorney's Fees Awards Act of 1976 and other Federal civil rights law to provide that a judicial official (includes both State and Federal judges) shall not be liable for any costs, including attorney fees, or injunctive relief in any proceeding brought against the official for an act or omission committed in his or her judicial capacity. Creates an exception if the action was clearly in excess of the official's jurisdiction or, in the case of injunctive relief, if a declaratory decree was violated or declaratory relief was unavailable.
United States · United States Congress · 13 March 1991
Federal Deposit Insurance Improvements Act of 1991 - Title I: Amendments to Federal Banking Acts - Subtitle A: Improvements - Federal Banking Agency Improvements Act of 1991 - Amends the Federal Deposit Insurance Act to specify the length of interim appointments to the Federal Deposit Insurance Corporation (FDIC) Board of Directors. Revises conversion authority to authorize the FDIC to approve conversion transactions that affect insubstantial portions of the total deposits of each depository institution acquired as part of the conversion transaction. Repeals the requirement that the FDIC notify other regulators 30 days before suspending deposit insurance in certain emergencies. Grants priority (with certain exceptions) to claims brought by the FDIC against an insured depository institution or its personnel in any proceeding relating to other claims against such an institution or its officers or employees. Repeals the exemption granted to certain State-chartered savings associations with respect to compliance with regulations of the Director of the Office of Thrift Supervision relating to subsidiaries. Mandates that any depository institution (currently, any savings association) whose deposits are not FDIC-insured conspicuously state that its deposits are "not federally insured." Amends the Federal Home Loan Bank Act to direct the Resolution Trust Corporation (RTC) to repeal: (1) the prohibition against selling property in certain distressed areas for less than 95 percent of its market value; (2) the requirement to sell certain residential property to low-income buyers, at below market value prices; and (3) the provision for a "net realizable market value" below market value. Imposes criminal penalties upon certain institution-affiliated parties prohibited from participating in the affairs of depository institutions if such parties knowingly participate in any manner in the affairs of: (1) any appropriate Federal depository institution regulatory agency; or (2) the Federal Housing Finance Board and any Federal Home Loan Bank. Amends Federal banking law to authorize the Comptroller of the Currency, without notice or prior hearing, to appoint a receiver to take possession and control of a national bank if it is in an unsafe or unsound condition, including having substantially insufficient capital. (Currently, the Comptroller may appoint a receiver only if the bank is insolvent or has violated the National Bank Act.) Subtitle B: Asset Conservation and Deposit Insurance Protection - Asset Conservation and Deposit Insurance Protection Act of 1991 - Amends the Federal Deposit Insurance Act to limit the liability of an insured depository institution or mortgage lender with respect to Federal law imposing strict liability for the release (or threatened release) of a hazardous substance from property: (1) acquired through foreclosure; (2) held in a fiduciary capacity; or (3) held by a lessor or subject to financial control or oversight pursuant to the terms of a credit extension. Denies such limitation on liability to persons that caused or contributed to a release or failed to take reasonable steps to prevent a continued release. Grants immunity from such strict liability to: (1) Federal banking and lending agencies; and (2) the first subsequent purchaser of property from such Federal entities (except in certain circumstances). Exempts Federal banking and lending agencies from any law requiring them to grant convenants warranting remedial action. Mandates that appropriate Federal financial institutions, regulatory agencies and the Secretary of Housing and Urban Development issue regulations requiring insured depository institutions and mortgage lenders, respectively, to develop and implement procedures to evaluate actual and potential environmental risks that may arise from property prior to making an extension of credit secured by such property. Subtitle C: Amendments to Public Law 96-510 - Amends the Comprehensive Environmental Responses, Compensation, and Liability Act of 1980 with respect to parity of treatment for: (1) the States and Federal Government with respect to property acquired involuntarily; and (2) emergency response actions of a Federal banking or lending agency. Title II: Clarifying Amendments to the Federal Deposit Insurance Act - Prohibits an insured depository institution from indemnifying its personnel (or other institution-related persons) for costs related to actions brought successfully by a Federal banking agency against such institution-related persons. Grants the FDIC the same powers and rights over the assets and liabilities of the FSLIC Resolution Fund as it has over other jurisdictional matters under the Federal Deposit Insurance Act. Declares the FDIC to be the successor receiver or conservator to FSLIC wards. States that if a consolidation or acquisition involves a savings association eligible for assistance and a bank (or bank holding company), the resulting entity (currently, the savings association) may retain and operate any existing branch or facilities. Amends the Federal Home Loan Bank Act to provide that upon the filing of a pleading informing the court that the RTC has been appointed conservator or receiver for a party, the RTC shall be deemed substituted in any legal proceeding involving that party. Title III: Technical Amendments to the Federal Deposit Insurance Act - Makes clerical amendments to the Federal Deposit Insurance Act.
United States · United States Congress · 13 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 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 prejudgement 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 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; destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport, or 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. 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 contract 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 Organization 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 · 13 March 1991
Economic Growth and Venture Capital Act of 1991 - 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. 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 disposition, 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 · 13 March 1991
Prohibits the President from lifting U.S. economic sanctions against Saddam Hussein's regime in Iraq and directs the President to make every effort to ensure that the multinational coalition maintains the full range of economic sanctions, until such regime has released all prisoners of war and has accounted as fully as possible for all those missing in action, including Kuwaitis captured during the Iraqi occupation.
United States · United States Congress · 13 March 1991
Designates the period of September 13, 1991, through September 19, 1991, as National Ballroom Dance Week.
United States · United States Congress · 12 March 1991
Money Laundering Enforcement Act of 1991 - Amends Federal law regarding monetary transactions to direct the Secretary of the Treasury to prescribe regulations under which a depository institution must identify its nonbank financial institution customers to the Secretary. Directs the Secretary to share such information with State supervisory agencies. Authorizes the Secretary to impose civil penalties for non-compliance with such disclosure requirements. Amends the Federal criminal code to impose penalties for money transmitting businesses operating in violation of State law. Directs the Secretary to promulgate procedures designed to insure that domestic financial institutions guard against money laundering. Prohibits a financial institution or its personnel from disclosing the existence of a geographic targeting order (subjecting financial institutions in a certain area to special reporting requirements for lower dollar thresholds for a limited time). Amends the Federal Deposit Insurance Act to direct the Secretary to prescribe final recordkeeping regulations for international monetary transactions made by money transmitting and check cashing businesses and businesses that issue and redeem money orders and travelers checks. Directs the Secretary to report to specified congressional committees, within 90 days, on the advantages for money laundering enforcement, and any disadvantages, of: (1) changing the size, denomination, or color of U.S. currency; or (2) providing that the color of U.S. currency in circulation in countries outside the United States will be of a different color than currency circulating in the United States. Prohibits individuals, for the purpose of evading reporting requirements, from causing or attempting to cause a domestic financial institution to fail to file a report, or to file a report that contains a material omission or misstatement of fact, with respect to the purchase of certain monetary instruments. Authorizes the Secretary to prescribe that a financial institution report suspicious transactions relevant to possible violation of law or regulation. Bars any such institution from notifying any person involved in the transaction that such transaction has been reported. Makes provisions of the Right to Financial Privacy Act of 1978 (RFPA) (regarding notification to a Government authority of the existence of information relevant to suspected illegal activity) applicable to reports of suspicious transactions under Federal money and finance provisions. Authorizes the Secretary to require financial institutions to have anti-money laundering programs including, at a minimum, the development of internal policies, procedures, and controls, designation of a compliance officer, an ongoing employee training program, and an independent audit function to test the program. Authorizes the Secretary to promulgate minimum standards for such procedures. Amends the RFPA to: (1) permit a financial institution to refuse to do business with any person before or after disclosure of a possible violation of law or regulation made in good faith to a Government authority; and (2) make specified limitations on the use of information inapplicable when financial records obtained by a U.S. agency or department are disclosed or transferred to the Secretary (current law exempts only disclosures or transfers to the Attorney General) upon certain certification that there is reason to believe that such records may be relevant to a violation of Federal money-laundering provisions. Authorizes the transfer to the Secretary for analysis and use by the Financial Crimes Enforcement Network for criminal law enforcement purposes without customer notice, of financial records originally obtained by an agency in accordance with the RFPA. Replaces provisions of the Crime Control Act of 1990, appointing an Electronic Scanning Task Force, with a provision directing the Secretary to initiate an in-house study to: (1) survey methods and technologies that may be used in the production of U.S. currency, in denominations of ten dollars or more, to make those notes traceable by an electronic scanning device; and (2) make an assessment and evaluation of the cost of implementing, and the amount of time needed to implement, the methods and technologies surveyed.
United States · United States Congress · 12 March 1991
Establishes the grade of General of the Army, appointments to which shall be made by the President by and with the advice and consent of the Senate. Defines the rank and compensation of such grade. Authorizes the President to appoint Generals Colin L. Powell and H. Norman Schwarzkopf, Jr., to that grade.
United States · United States Congress · 12 March 1991
Civil Rights Commission Reauthorization Act of 1991 - Amends the United States Commission on Civil Rights Act of 1983 to: (1) authorize appropriations; and (2) extend the Commission through November 30, 2001.
United States · United States Congress · 12 March 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burden of proof which the complaining party and the respondent must meet in certain situations relating to unlawful employment practices based on disparate impact. Declares that, for determining whether a litigated or consent judgment or order resolving a claim of employment discrimination binds only the individuals who were parties to the judgment or order, the Federal Rules of Civil Procedure shall apply in the same manner as to other civil actions. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. Amends the Civil Rights Act of 1964 to declare that an alleged unlawful employment practice occurs, with regard to a seniority system, when: (1) the system is adopted; (2) an individual becomes subject to the system; or (3) a person is injured by application of the system or provision, adopted for an intentionally discriminatory purpose, whether or not the discriminatory purpose is apparent on the face of the provision. Makes it an unlawful employment practice to harass an employee or applicant because of race, color, religion, sex, or national origin, provided the complaining party failed to use the employer's procedure for resolving harassment complaints. Provides for temporary or preliminary relief and for monetary awards to a specified maximum amount. Delays the deadline for filing charges for a limited period while an employee uses the employer's harassment resolution system. Allows expert's fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Replaces, in provisions prohibiting employment discrimination by the Federal Government, a reference to the legislative branch with a reference to the Congress, or its Houses, committees, offices or instrumentalities, or the offices of any of its Members. Gives, with respect to such entities, the authorities of the Equal Employment Opportunity Commission to each House of Congress, or to the Congress as a whole. Encourages, when knowingly and voluntarily agreed to by the parties, reasonable alternative means of dispute resolution in place of the judicial resolution of disputes under this Act and the Acts amended by this Act.
United States · United States Congress · 12 March 1991
Savings and Investment Incentive Act of 1991 - Title I: Retirement Savings Incentives - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost of living adjustment for deductible amounts. Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Title II: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (2) financially devasting medical expenses.
United States · United States Congress · 12 March 1991
Designates July 28, 1992, as Buffalo Soldiers Day.
United States · United States Congress · 12 March 1991
Condemns: (1) the arrest and detention of Kenyan citizens for the peaceful expression of political views; and (2) the Kenyan Government's disregard of human rights and fundamental freedoms. Calls upon the Kenyan Government to: (1) end intimidation and harassment of those critical of government policies and those working for democracy in Kenya; and (2) implement safeguards to ensure freedom of the press and independence of the judiciary and to guarantee civil and human rights for individuals detained by the Government. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to prohibit making available, obligating, or expending funds appropriated by any Act under the heading "Foreign Military Financing Program" for FY 1990 for Kenya until specified conditions are met.
United States · United States Congress · 12 March 1991
Expresses the sense of the Senate that the 1991 reauthorization of mass transit programs be considered as part of the solution to this country's transportation problems.
United States · United States Congress · 12 March 1991
Requests the Occupational Safety and Health Administration to publish, before the expiration of 102d Congress, proposed amended regulations that specify the components of an adequate operator training program and certification system for operators of powered industrial trucks.
United States · United States Congress · 7 March 1991
Directs the Administrator of General Services to: (1) establish criteria for plastic products to qualify as manufactured from plastic containing recycled material for Federal procurement purposes; (2) evaluate the performance characteristics for plastics containing recycled material that meet such criteria; (3) determine the suitability of such plastics for particular products and applications for Federal procurement purposes; and (4) identify products made from such plastics for which the Administrator has determined such plastic is suitable. Requires the Administrator to make identified products available in the General Services government purchasing catalogue. Establishes an Interagency Task Force on Plastic Container Coding to coordinate activities under this Act and to assure that use of degradable plastic products does not adversely affect recycling of nondegradable plastic products. Directs the Secretary of Commerce to require plastic containers manufactured or offered for sale in the United States to be coded to identify the principal plastic resin used in such containers. Establishes a symbol and numbers identifying specific types of resins, including degradable resins, for such codes. Prohibits States or political subdivisions from: (1) enforcing any law applicable to plastic coding unless requirements are the same as requirements under this Act; and (2) any ban on plastic containers coded in compliance with this Act unless such ban is equally applicable to containers made from other materials. Prescribes civil and criminal penalties for violations of this Act. Requires the Task Force to study and report to the Congress on technology to facilitate the automated sorting of recyclable and nonrecyclable plastics in municipal solid waste and to separate such plastics by resin type. Authorizes appropriations.
United States · United States Congress · 7 March 1991
Amends the Internal Revenue Code to permit tax-exempt private foundations and community foundations to establish tax-exempt cooperative service organizations to operate exclusively for charitable purposes. Declares that the excise tax based on investment income applies to such organizations.
United States · United States Congress · 7 March 1991
Expresses the policy of the U.S. Government to: (1) establish in each of the Baltic States a U.S. presence, such as an information office, to serve as a form of political recognition and support; and (2) channel to the Baltic States directly U.S. Government humanitarian aid and economic assistance, including management and training assistance, in addition to private sector humanitarian aid. Calls for the United States to: (1) recognize, establish, and maintain direct contacts with the Parliaments of Lithuania, Latvia, and Estonia; and (2) propose and seek support for observer status for the Baltic States in the Conference on Security and Cooperation in Europe (CSCE) at the next meeting of foreign ministers of the CSCE participating states.
United States · United States Congress · 7 March 1991
Expresses the sense of the Congress that: (1) all Arab nations should recognize Israel, end the economic boycott against Israel, end the state of belligerency with Israel, and enter into direct negotiations with Israel for the purpose of concluding peace treaties and establishing full diplomatic relations; and (2) the United States should use all available means to influence and encourage the Arab states which were allied with it in the Persian Gulf War to achieve those objectives.
United States · United States Congress · 6 March 1991
Amends the Internal Revenue Code to extend the targeted jobs credit permanently. Increases the maximum age requirement for economically disadvantaged youth from 23 to 25. Allows employers to use the targeted jobs credit for employment of economically disadvantaged Persian Gulf veterans.
United States · United States Congress · 6 March 1991
Social Security Notch Adjustment Act of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to establish a new formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)
United States · United States Congress · 5 March 1991
Authorizes the President to present a gold medal to General Colin Powell in recognition of his exemplary performance in planning and coordinating the U.S. military response to the Iraqi invasion of Kuwait. Authorizes appropriations.
United States · United States Congress · 5 March 1991
Degradable Plastics Standards Act of 1991 - Establishes the Interagency Committee on Degradable Plastics Standards to develop uniform definitions, standards, and methods of testing for degradable plastic products, to encourage the production and use of such products, and to coordinate activities under this Act. Directs the Committee to: (1) determine what factors must be considered to assess the safety of indirect food additives intended to increase the degradability of plastic food packaging materials; (2) identify methods to encourage increased usage of degradable plastics by the Federal Government; (3) consider other relevant policy, scientific, and technical matters relating to degradable plastics and solid waste management; and (4) coordinate Federal degradable plastic research and development policy.
United States · United States Congress · 5 March 1991
Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses, including reasonable living expenses, of the taxpayer, spouse, or dependent.
United States · United States Congress · 5 March 1991
Operation Desert Shield/Desert Storm Commemorative Coin Act - Requires the Secretary of the Treasury to issue one dollar coins emblematic of the U.S. military's participation in Operation Desert Shield/Desert Storm. Sets a termination date for the Secretary's authority. Mandates that the: (1) minting and issuing of such coins will not result in any net cost to the Federal Government; (2) surcharges received from the sale of such coins be used to defray the costs of Operation Desert Shield/Desert Storm; and (3) Congress receive annual reports on all surcharge funds expenditures.
United States · United States Congress · 5 March 1991
Designates April 21 through 27, 1991, and April 19 through 25, 1992, as National Organ and Tissue Donor Awareness Week.
United States · United States Congress · 28 February 1991
Authorizes the President to present a gold medal to General H. Norman Schwarzkopf in recognition of his exemplary performance in coordinating the planning, strategy, and execution of U.S. combat action and his invaluable contributions to the United States and to the liberation of Kuwait. Authorizes appropriations.
United States · United States Congress · 28 February 1991
Designates December 1 through December 7, 1991, and November 29 through December 5, 1992, as National Home Care Week.
United States · United States Congress · 28 February 1991
Applauds and expresses the appreciation of the Nation to President George Bush, Secretary of Defense Dick Cheney, Armed Forces Chief of Staff Colin Powell, Desert Storm Commander Norman Schwarzkopf, the American forces deployed in the Persian Gulf region, the forces from our coalition partners, and the families of American service men and women participating in Operation Desert Storm. Sends condolences to the families of those killed during such operation. Demands from Saddam Hussein: (1) the immediate release of all prisoners of war held by Iraq; (2) a complete accounting for all American and coalition forces listed as missing in action or otherwise unaccounted for; and (3) the immediate and unconditional release and return of all Kuwaiti citizens held by Iraqi forces. Urges all relevant authorities to seriously examine the issue of possible war crimes by Hussein and other Iraqi military leaders and forces and to hold Iraq responsible in principle for reparations for the destruction caused by the invasion and occupation of Kuwait.
United States · United States Congress · 27 February 1991
Designates the month of November in 1991 and 1992 as National Hospice Month.
United States · United States Congress · 27 February 1991
Authorizes and requests the President to designate the second full week in March 1991 as National Employ the Older Worker Week.
United States · United States Congress · 26 February 1991
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established. Defines "employer" to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.
United States · United States Congress · 21 February 1991
Women's Equal Opportunity Act of 1991 - Title I: Federal Civil Rights Remedies - Subtitle A: Federal Remedies for Sexual Harassment in the Workplace - Amends the Civil Rights Act of 1964 to allow monetary penalties, to specified maximums, for intentional unlawful employment practices relating to harassment on the basis of sex. Allows a person alleging employment discrimination through sexual harassment to seek temporary or preliminary injunctive relief: (1) without regard to any period of time following the filing of a charge; and (2) without obtaining a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC). Sets forth criteria for obtaining such relief. Requires courts to expedite proceedings under these provisions. Mandates technical assistance concerning sexual harassment law to employers with fewer than a specified number of employees. Authorizes appropriations. Subtitle B: Expansion of Other Federal Civil Rights - Amends Federal law relating to equal rights under the law and the making and enforcing of contracts to declare that: (1) the rights protected are protected against impairment by non-governmental discrimination as well as against imparment under color of State law; and (2) the provisions afford the same protection against discrimination in the performance, breach, modification, or termination of a contract, or in the setting of the terms or conditions thereof, as they do in the making and enforcement of the contract. Amends the Civil Rights Act of 1964 to declare that, for provisions relating to time limits for filing charges, an unlawful employment practice occurs with regard to a seniority system: (1) when it is adopted, an individual becomes subject to it, or a person is injured by its application; and (2) if the system is alleged to have been adopted for an intentionally discriminatory purpose, whether or not that purpose is apparent on the system's face. Applies title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 to the Congress, with enforcement as determined by each House of the Congress. Title II: Domestic and Street Crime Violence Against Women - Subtitle A: Safety on College and University Campuses - Amends the Higher Education Act of 1965 to add sexual assault or any other abusive sexual conduct to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Requires each institution to report the statistics to parents or guardians of students as well as to other groups specified by current law. Subtitle B: Stronger Penalties for Federal Sex Offenses - Amends the Federal criminal code to make murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Sets forth procedures. Requires instructing the jury not to: (1) consider the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to such effect. Bars carrying out a death sentence on a woman while she is pregnant. Prohibits requiring any employee of, or a person under contract to provide services to, a State corrections department or the Federal Bureau of Prisons to attend or participate in any execution. 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. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Subtitle C: Enhanced Compensation and Restitution for Victims of Sex Crimes - Pornography Victims' Compensation Act of 1991 - Creates a cause of action against a producer, distributor, exhibitor, or seller of sexually explicit material by a victim of a rape, sexual assault, act of sexual abuse, sexual murder, or other sexual crime, or by the estate, guardian, or survivors of any such victim. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the victim was a victim of such an act; (2) the material is obscene, constitutes child pornography, or in the case of sex crimes, is sexually explicit and violent, and was a proximate cause of the offense; (3) the defendant is a producer or distributor of the material or exhibited or sold it to the sexual offender and should have known that the material was sexually explicit; and (4) the sale or transport affects interstate or foreign commerce. Sets forth criteria by which the finder of fact may reasonably infer that such material was a proximate cause of the offense, including unusual similarities between the acts described and the actual offense, testimony of the offender, and testimony of experts who have examined the offender that such material incited the commission of the offense. Authorizes the award of damages for economic loss, compensation for pain and suffering, reasonable attorney's fees, and costs to prevailing plaintiffs. Sets a statute of limitations of six years from the date the right of action first accrued or, in the case of a legal disability, not later than three years after the termination of such disability. Amends the Federal criminal code to allow an order of certain types of restitution in cases involving provisions relating to sexual abuse or sexual exploitation of children. Subtitle D: Reform of Procedure and Evidentiary Requirements in Sex Offense and Other Cases - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Federal Rules of Criminal Procedure to modify the number of peremptory challenges available to specified parties when the offense charged is punishable by imprisonment for more than one year. Amends the Federal criminal code to: (1) prohibit peremptory jury challenges on the basis of race, color, or any other classification that could not lawfully be used by a prosecutor; and (2) give the prosecutor the same right as the defense attorney to challenge the exercise of peremptory challenges on this ground, with the court applying the same standards and granting the same relief. Enacts rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) various types of litigation abuses (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) expediting litigation (including not attempting to delay or prolong proceedings for specified reasons); and (3) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Declares that: (1) it is the sense of the Congress that, in determining child custody, credible evidence of physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse; and (2) this paragraph is not intended to encourage States to prohibit supervised visitation. Requires a protective order issued by a court of a State to have the same full faith and credit in a court in another State as in a court of the issuing State. 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 engate 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 and a counseling session regarding the tests and the risk of transmission as the result of the assault. Subtitle E: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Authorizes appropriations. Subtitle F: Prevention of Sexual Assault - Amends the Victims of Crime Act of 1984 to establish a program of grants to States to assist in supporting rape prevention and education programs. Requires: (1) a minimum percentage of the money to be used for programs targeted for junior high school and high school students; and (2) the State to pay the full cost of forensic medical examinations of sexual assault victims. Authorizes appropriations. Subtitle G: Domestic Violence Prevention Act of 1991 -Domestic Violence Prevention Act of 1991 - Amends the Family Violence Prevention and Services Act to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Requires a specified minimum percentage of funds for demonstration grants for prevention of, and provision of immediate shelter and other assistance to, victims of family violence and their dependents to be used for rural areas. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Authorizes appropriations to carry out the Act. Title III: Employment Opportunities - Subtitle A: Glass Ceiling Commission - Glass Ceiling Act of 1991 - Establishes the Glass Ceiling Commission to conduct a study and prepare recommendations concerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing opportunities and developmental experiences of women and minorities to foster advancement of women and minorities to executive management and senior decisionmaking positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management, to be evidenced by a medal with its design approved by the Commission. Directs the President, after receiving recommendations from the Commission, to annually present the award to businesses that meet specified qualifications. Allows a recipient business to use the award in its advertising if the business agrees to help other U.S. businesses improve with respect to the promotion of opportunities and developmental experiences of women and minorities regarding executive management and senior decisionmaking positions. Authorizes appropriations. Terminates the Commission and the authority to make awards four years after enactment of this subtitle. Subtitle B: Opportunities in Apprenticeship - Opportunities in Apprenticeship Act of 1991 - Directs the Secretary of Labor to establish in the Department of Labor an outreach and education program to expand the opportunities for women and minorities in apprenticeship programs registered with the Department under the National Apprenticeship Act (registered apprenticeship programs). Directs the Secretary to: (1) identify and develop model preapprenticeship and apprenticeship programs that promote training and employment opportunities for women and minorities, and disseminate information relating to the programs; and (2) provide technical assistance to organizations, institutions, groups, and individuals to promote outreach to, and recruitment of, women and minorities for registered apprenticeship programs. Authorizes the Secretary to: (1) award grants for the Federal share of outreach and recruitment to increase the participation of women and minorities in registered apprenticeship programs; and (2) establish a program of grants to sponsors of registered apprenticeship programs to pay the Federal share of providing preapprenticeship training to women and minorities. Directs the Secretary to conduct a study of, and report to the appropriate committees of the Congress on, the participation of women and minorities in registered apprenticeship programs. Authorizes appropriations to carry out this subtitle. Subtitle C: Opportunities for Alternative Work Arrangements - Declares that it is the sense of the Congress that: (1) the Office of Personnel Management (OPM) has made commendable efforts to develop alternative work arrangements through flexible scheduling and job sharing; and (2) OPM should continue efforts to develop and expand alternative work arrangements.
United States · United States Congress · 21 February 1991
Extends civil service retirement provisions governing deductions, contributions, and deposits, mandatory separation, and immediate retirement that are currently applicable to Federal law enforcement officers to: (1) revenue officers for the Internal Revenue Service; (2) customs inspectors for the U.S. Customs Service; (3) customs canine enforcement officers for the U.S. Customs Service; and (4) inspectors for the Immigration and Naturalization Service.
United States · United States Congress · 20 February 1991
Consumer Protection Against Price-Fixing Act of 1991 - Amends the Sherman Act to set forth evidentiary standards for price-fixing actions. Requires the court to allow the issue of concerted action to fix prices to be decided by the trier of fact if there is sufficient evidence from which a trier of fact could reasonably conclude that: (1) the supplier of a good or service received from a competitor of a reseller an express or implied suggestion, request, or demand that the supplier take steps to curtail or eliminate price competition; and (2) such communication was the major reason that the supplier terminated sales or supplies to the reseller. Prohibits the court from allowing the trier of fact to consider whether an individual and a competitor engaged in concerted action to set prices in violation of this Act if the court determines that the trier of fact could only find concerted action by making implausible inferences. Provides that the fact that a supplier and a reseller entered into an agreement to establish the resale price of a good or service shall be sufficient to constitute a price fixing violation, except when the agreement is to establish the maximum resale price of a good or service. Specifies that an agreement between the seller and the purchaser of a good or service to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies violates this Act, regardless of whether or not a specific price or price level is agreed upon.
United States · United States Congress · 20 February 1991
Grants a Federal charter to the Retired Enlisted Association, Incorporated.
United States · United States Congress · 20 February 1991
Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act. Requires reports to the Secretary of Commerce on compliance with this Act. Sets forth the fair employment principles. Authorizes the President to waive the requirements of this Act in the interest of national security. Requires such waiver to become effective 90 days after the President submits a justification of such waiver to the Congress unless the Congress adopts a joint resolution disapproving the waiver. Provides for expedited consideration of such resolution.
United States · United States Congress · 20 February 1991
Amends the Internal Revenue Code to make permanent the exclusion from gross income of amounts received under qualified group legal services plans.
United States · United States Congress · 20 February 1991
Designates the week beginning July 21, 1991, as Lyme Disease Awareness Week.
United States · United States Congress · 19 February 1991
Designates September 15 through 21, 1991, as National Rehabilitation Week.
United States · United States Congress · 7 February 1991
Americans with Disabilities Luxury Tax Relief Act - Amends the Internal Revenue Code to exempt from the luxury excise tax parts or accessories installed for use in passenger vehicles by disabled individuals.
United States · United States Congress · 7 February 1991
Amends the Internal Revenue Code to make permanent the tax credit for increasing research activities.