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![Official portrait of Sen. Domenici, Pete V. [R-NM]](https://www.congress.gov/img/member/d000407_200.jpg)
United States · Official source
5,235 records where Sen. Domenici, Pete V. [R-NM] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 15 May 1991
Designates October 16, 1991, and October 16, 1992, as World Food Day.
United States · United States Congress · 14 May 1991
College Honors Program Act of 1991 - Directs the Secretary of Education to allot funds under this Act among institutions of higher education to establish revolving loan funds. Makes an institution ineligible for such an allotment if: (1) its student default rate for loans under this Act is 20 percent or more; or (2) it is ineligible for participation in the Robert T. Stafford Student Loan Program. Allows such education loans to be made for up to four years, at up to $4,000 per year for any student, or at up to $5,000 per year for a student who: (1) has an academic concentration in science or mathematics and agrees to teach such subjects upon graduation; or (2) agrees to teach on an Indian reservation or in an Alaskan native village or in an area with a high concentration of Native Hawaiians, upon graduation. Sets forth student eligibility requirements for such assistance, including maintaining a certain grade level in high school and college, not defaulting on any student loan, and agreeing to pursue a teaching career in a public school. Sets forth loan terms, including cancellation of a portion of principal and interest for each year of full-time employment as a public school teacher. Directs the Secretary to reimburse institutions for the amounts cancelled under such loan program. Sets forth institutional responsibilities. Authorizes appropriations.
United States · United States Congress · 9 May 1991
Enterprise Zone Jobs-Creation Act of 1991 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
United States · United States Congress · 7 May 1991
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to prohibit the Appraisal Subcommittee from requiring or recommending experience as a criterion for State licensure of real estate appraisers. Extends from 1991 to 1992 the effective date for the requirement that all appraisers involved in federally related transactions must be licensed or certified. Prohibits the Appraisal Subcommittee from refusing to recognize a State's appraiser certification or licensing program solely because it does not include real estate appraisal experience as a license prerequisite.
United States · United States Congress · 7 May 1991
Designates October 1991 as National Lock-In-Safety Month.
United States · United States Congress · 7 May 1991
Designates the week beginning July 21, 1991, as Korean War Veterans Remembrance Week. Requires the President to urge that the American flag be flown at half staff on July 27, 1991, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 25 April 1991
Amends Federal law to make permanent the legislative reinstatement of the power of tribal courts to exercise criminal misdemeanor jurisdiction over nonmember Indians.
United States · United States Congress · 25 April 1991
Department of Energy Critical Technologies of 1991 - Title I: Department of Energy Critical Technologies Program - Directs the Secretary to establish the Critical Technologies Planning Council and the Critical Technologies Advisory Board within the Department of Energy (DOE). Requires the Secretary to develop biennially and implement a five-year DOE Critical Technologies Plan that: (1) coordinates the research and development activities of the DOE laboratories in support of DOE critical technologies; and (2) coordinates DOE Critical Technologies Partnerships. Sets forth required contents of the Plan. Directs the head of each DOE laboratory to report biennially to the Council and the Advisory Board on the core competencies of such laboratory. Requires the report to: (1) identify the national critical technologies listed in the most recent National Critical Technologies Report; (2) describe each laboratory program of research and development in the identified technologies; and (3) discuss the relevance of such technologies to the laboratory's strategic mission objectives. Directs the Secretary to ensure that core competencies reports are disseminated to the private sector. Requires the Secretary to ensure that the laboratory-directed research and development activities of each DOE laboratory include research and development that extends and maintains the vitality of the laboratory's core competencies. Title II: Department of Energy Critical Technologies Partnerships - Directs the Secretary to establish as many DOE Critical Technologies Partnerships as are necessary to carry out the purposes of this title. Requires Partnerships to be comprised of DOE laboratories and participants from U.S. firms and institutions of higher education and other participants, as appropriate. Provides for the designation of a lead institution for the Partnership to direct activities. Requires proposals for partnerships to be submitted to the Secretary by the lead institution. Sets forth proposal requirements. Requires Partnership proposals to demonstrate a financial commitment of the non-Federal participants to contribute 50 percent of the total cost of Partnership activities. Directs the Secretary to provide technical and other assistance to each Partnership. Requires Partnerships to be selected through a competitive process prescribed by the Secretary. Sets forth selection criteria. Prohibits the disclosure of confidential commercial or financial information obtained from a non-Federal participant as a result of Partnership activities. Title III: Authorization of Appropriations and Other Provisions - Authorizes appropriations for atomic energy defense and energy research activities under this Act. Provides that such funds are in addition to funds authorized to be appropriated for technology transfer in connection with such activities or funds appropriated for such purposes before this Act's enactment. Authorizes the Secretary to waive the applicability of this Act to DOE activities that are classified in the interest of U.S. national security or foreign policy.
United States · United States Congress · 25 April 1991
Advanced Materials Synthesis, Processing, and Commercialization Act of 1991 - Title I: National Advanced Materials Processing Plan and Program - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to direct the President, through the Federal Coordinating Council for Science, Engineering, and Technology, at least once every two years, to develop and implement a five-year National Advanced Materials Processing Plan. Requires that the Council: (1) serve as the lead Federal entity responsible for the development of the Plan and for facilitating interagency coordination; and (2) annually review the Federal budget regarding consistency with the Plan. Establishes the Advanced Materials Processing Advisory Panel. Title II: Advanced Materials Processing, Synthesis, and Commercialization Partnerships - Directs the Secretary of Energy to establish four or more Advanced Materials Processing, Synthesis, and Commercialization Partnerships, comprised of one or more Department of Energy (DOE) laboratories, U.S. firms, and U.S. higher education institutions, with additional participants allowed. Mandates establishment of specified numbers of similarly-structured Partnerships associated with the Department of Defense, the National Aeronautics and Space Administration, and the Department of Commerce (through the National Institute of Standards and Technology (NIST)), in each case using laboratories of that department or agency instead of DOE laboratories. Requires that each proposal for the establishment of a Partnership be submitted by the lead institution, selected by the proposed participants in the Partnership. Sets forth required contents of proposals. Requires non-Federal cost sharing. Requires Partnerships to be selected through a competitive process. Regulates disclosure of information. Title III: Other Advanced Materials Programs - Requires the Director of the National Science Foundation (NSF) to establish a competitive grants program known as the Advanced Materials Synthesis and Processing Principal Investigator Awards Program. Allows grant funds to be used for research and development related to advanced materials processing sciences conducted by the recipient within colleges and research institutions in the United States using, to the extent feasible, existing capital equipment, instrumentation, and facilities of U.S. firms and Federal laboratories. Requires the National Science Board of the NSF to establish a fellowship program for graduate and post-doctoral studies and research in advanced materials synthesis and processing, with grants awarded on the basis of academic merit. Directs the Secretary of Commerce, through the NIST Director, to: (1) establish and administer a comprehensive national data base for advanced materials, to be the central repository in the Federal Government for such information; and (2) provide for the collection, evaluation, and dissemination of standard reference data for advanced materials. Title IV: Authorization of Appropriations and Other Provisions - Authorizes appropriations, to carry out responsibilities under this Act, for the Department of Energy, the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce, the National Science Foundation, and the Federal Coordinating Council for Science, Engineering, and Technology. Allows the head of a department or agency of the Federal Government to waive the application of this Act to any program or activity that is classified in the interest of the national security or foreign policy of the United States.
United States · United States Congress · 25 April 1991
Microenterprise Development Act of 1991 - Authorizes the President, acting through the Administrator of the Agency for International Development (AID), to provide assistance for microenterprises in developing countries. Directs AID to establish specified criteria for determining the financial intermediaries that will receive such assistance. Requires a significant portion of such assistance to be used to support direct credit assistance by, and the institutional development of, financial intermediaries with a primary emphasis on assisting people living in absolute poverty, especially women. Outlines funding sources for such assistance. Permits the President, in order to generate local currencies for providing such assistance, to use development and economic support fund assistance to provide assistance to developing countries on a loan basis repayable in local currencies. Sets forth minimum levels of assistance to be provided under this Act. Requires the Administrator to develop a monitoring system to evaluate AID's microenterprise development activities.
United States · United States Congress · 25 April 1991
Designates May 1991 as United States Savings Bond Month.
United States · United States Congress · 25 April 1991
Expresses the sense of the Senate that the Administration should: (1) act as expeditiously as possible to extend agricultural export credit guarantees to the Soviet Union if they assure an equitable and humanitarian distribution of such credits to their people; (2) provide for the extension of equivalent credit tranches which may be extended contingent upon the acceptable distribution and/or repayment of previous credits; and (3) use such programs to aid the export of agricultural commodities experiencing serious price depression, such as wheat, corn, soybeans, and dairy products.
United States · United States Congress · 25 April 1991
Expresses the sense of the Senate that: (1) the accession of Taiwan to the General Agreement on Tariffs and Trade (GATT) is in the best interest of the United States and of the world trading system and should be achieved in an expeditious manner; and (2) the United States should take the necessary steps to assure such country's membership in the GATT.
United States · United States Congress · 24 April 1991
Directs the Secretaries of the Interior and Agriculture, where appropriate, to celebrate the victory and safe return of our servicemen and women from Operation Desert Storm through appropriate activities and programs on lands under their jurisdiction (including units of the National Park System and other congressionally designated areas), during the weekend of June 7 through 9, 1991.
United States · United States Congress · 24 April 1991
Designates the week of June 9, 1991, as National Scleroderma Awareness Week.
United States · United States Congress · 23 April 1991
Designates the month of May 1991 as National Huntington's Disease Awareness Month.
United States · United States Congress · 18 April 1991
White Sands Fair Compensation Act of 1991 - Establishes the White Sands Fair Compensation Commission within the Department of the Interior to evaluate and pay claims filed by individuals who owned ranching units or mining claims on lands of the White Sands Missile Range in New Mexico, taken by the U.S. Government in 1975. Provides that U.S. lease payments between 1942 and 1975 shall not be considered in determining values. Allows such individuals to appeal decisions of the Commission to the Secretary of the Interior for a final ruling to determine the amount of such payment. Prohibits the filing of such claims one year after the enactment of this Act. Prohibits the filing of such appeals 30 days after such an individual is notified of the determination of such payment amount. Terminates the Commission one year after completing action on all claims filed under this Act. Authorizes appropriations.
United States · United States Congress · 18 April 1991
Designates the second Sunday in October 1991 as National Children's Day.
United States · United States Congress · 18 April 1991
Declares that the Senate expresses its: (1) regret that Senator Pryor's illness will require his absence from the Senate Chamber; and (2) heartfelt wishes to him for a speedy and complete recovery, and that he return to his duties, serving the people of Arkansas, in the near future.
United States · United States Congress · 17 April 1991
United States One-Dollar Coin Act of 1991 - Amends Federal currency law to prescribe the color and features (including features to aid the visually handicapped) of one-dollar coins. Mandates that the obverse side of the one-dollar coin have a design recognizing the discovery of the New World by Christopher Columbus. Requires such coins to be placed in circulation within 18 months of enactment of this Act. Mandates that the seigniorage of the new one-dollar coins be used to offset the reverse seigniorage resulting from the destruction of Susan B. Anthony dollar coins in Government storage.
United States · United States Congress · 11 April 1991
Designates April 22, 1991, as Earth Day.
United States · United States Congress · 11 April 1991
Designates April 22, 1991, as Earth Day.
United States · United States Congress · 11 April 1991
Expresses the condolences of the Senate on the death of the Honorable John Goodwin Tower of Texas, and of his daughter, Marian.
United States · United States Congress · 9 April 1991
Social Security Trust Fund Integrity Act of 1991 - Amends the Congressional Budget Act of 1974, as amended by the Budget Enforcement Act of 1990, to specify that amendments to and conference reports on the concurrent resolution on the budget will not be considered in the Senate if they would decrease the excess of social security revenues over social security outlays.
United States · United States Congress · 9 April 1991
Expresses the sorrow of the Senate at the death of John Heinz, the late Senator from the Commonwealth of Pennsylvania.
United States · United States Congress · 22 March 1991
Chacoan Outliers Protection Act of 1991 - Designates seven new outlying areas as Chaco Culture Archaelogical Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries of 13 existing sites. Removes or reduces the acreage of other sites.
United States · United States Congress · 22 March 1991
Expresses the sense of the Congress that the United States and the Soviet Union should lead an effort to promptly repeal United Nations General Assembly Resolution 3379 (equating Zionism with racism.)
United States · United States Congress · 21 March 1991
Modifies local cost-sharing requirements for the flood control project, Rio Grande Floodway, San Acacia to Bosque del Apache Unit, New Mexico, to more equitably reflect the non-Federal benefits of the project, by reducing the non-Federal contribution by the percentage of benefits attributable to Federal properties, provided Federal property benefits exceed 50 percent of total project benefits.
United States · United States Congress · 21 March 1991
Child Custody Jurisdiction Reform Act of 1991 - Amends the Federal judicial code to specify that a State making an original child custody decree retains jurisdiction as long as such State remains the residence of the child or of any contestant in the custody determination.
United States · United States Congress · 21 March 1991
Designates the week beginning on the first Sunday in May 1991 as National Tourism Week.
United States · United States Congress · 21 March 1991
Declares that the Senate: (1) extends a warm welcome to His Excellency Lech Walesa, President of the Republic of Poland, upon the occasion of his State Visit to the United States; (2) recalls the historic ties between the people of both countries; (3) applauds his commitment to economic and political reform; (4) reaffirms the Senate's and U.S. people's support for the independence and security of Poland; (5) looks forward to cooperation with Poland on issues relating to security and stability in Europe; and (6) commends the Bush Administration's decision to reduce Poland's debt to the United States, applauds the Paris Club's decision to reduce Poland's foreign debt, and urges Poland's private creditors to do the same.
United States · United States Congress · 20 March 1991
Replacement and Alternative Fuels Act of 1991 - Requires the Secretary of Energy to establish a program to: (1) promote the development and use of domestic-produced replacement and alternative fuels to replace conventional petroleum motor fuels; and (2) ensure the availability of those replacement and alternative motor fuels which will have the greatest impact in improving air quality. Prescribes development plan and production goals. Sets a timetable by which the Secretary must prescribe the minimum percentage of domestic-produced replacement and alternative fuels on an energy equivalent basis to be sold in specified calendar years by any refiner for use as a motor fuel. Prescribes minimum percentages of domestically produced replacement fuel to be sold in specified calendar years. Requires the Secretary to promulgate regulations for the exchange of marketable credits among: (1) refiners; (2) distributors of alternative motor fuels sold in commerce for transportation purposes; and (3) manufacturers of electricity-powered automobiles. Requires each refiner to report annually to the Secretary the percentage of domestic-produced replacement fuel, on an energy equivalent basis, contained in the total quantity of motor fuel sold during the preceding calendar year, and the amount of alternative motor fuels, sold or credited to such refiner during such year. Requires each distributor of alternative fuel to report annually to the Secretary the amount of alternative fuel sold into commerce for transportation purposes, and the amount of credits sold to refiners. Requires the Secretary of Transportation to report annually to the Secretary of Energy the number of dual fuel and dedicated alternative fuel vehicles manufactured and sold into commerce by each manufacturer each year. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the environmental impact potential of developing replacement fuels and alternative motor fuels. Amends the Motor Vehicle Information and Cost Savings Act to provide that if the average fuel economy standard applicable to passenger automobiles is increased above a specified level for any model year, the Secretary of Transportation may increase the maximum increase in average fuel economy for a manufacturer attributable to dual energy and natural gas dual energy automobiles to the extent that alternative and replacement motor fuel sales indicate that such fuels are being used to displace the use of conventional petroleum as a motor fuel. Establishes civil penalties for violations of this Act. Authorizes appropriations. Requires the Secretary of Transportation to issue regulations requiring certain gasoline retailers to have available for sale, in addition to replacement motor fuels, other alternative motor fuels.
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, or for custom harvesting, regardless of whether or not they are controlled or operated by a farmer.
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
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
Biotechnology Patent Protection Act of 1991 - Amends Federal patent law to provide for the patentability of certain processes which are sought to be patented in the same application as the machine, manufacture, or composition of matter with which they are associated.
United States · United States Congress · 13 March 1991
Title I - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
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 · 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
Boots and Saddles: Historic New Mexico Forts Study Act of 1991 - Directs the Secretary of the Interior, acting through the Directors of the Bureau of Land Management and of the National Park Service, to study specified historic military forts occupied during the Civil War and Indian campaigns in New Mexico and to develop alternative means of interpreting and preserving such forts. Requires a report to specified congressional committees. Authorizes appropriations.
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 · 7 March 1991
Designates the period of October 7 through 13, 1991, as Mental Illness Awareness Week.
United States · United States Congress · 6 March 1991
Amends Federal bankruptcy law to exclude from a debtor's estate any interest in liquid or gaseous hydrocarbons to the extent the debtor has transferred such interest pursuant to a farm out agreement or other written agreement.
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
Parents as Teachers: the Family Involvement in Education Act of 1991 - Authorizes the Secretary of Education (the Secretary) to make grants to States for parents as teachers programs. Makes eligible for such a grant any State which operates a parents as teachers program associated with the Parents as Teachers National Center in Missouri. Sets forth program requirements, limiting services to families during the period from the last three months of a mother's pregnancy to the child's attaining age three. Prohibits requiring any person to participate in any program of parent education or developmental screening, or any program for developmentally delayed children. Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States with such programs; and (2) evaluate such programs within four years. Authorizes appropriations.
United States · United States Congress · 5 March 1991
College Honors Program Act of 1991 - Directs the Secretary of Education to allot funds under this Act among institutions of higher education to establish revolving loan funds. Makes an institution ineligible for such an allotment if: (1) its student default rate for loans under this Act is 20 percent or more; or (2) it is ineligible for participation in the Robert T. Stafford Student Loan Program. Allows such education loans to be made for up to four years, at up to $4,000 per year for any student, or at up to $5,000 per year for a student who: (1) has an academic concentration in science or mathematics and agrees to teach such subjects upon graduation; or (2) agrees to teach on an Indian reservation upon graduation. Sets forth student eligibility requirements for such assistance, including maintaining a certain grade level in high school and college, not defaulting on any student loan, and agreeing to pursue a teaching career in a public school. Sets forth loan terms, including cancellation of a portion of principal and interest for each year of full-time employment as a public school teacher. Directs the Secretary to reimburse institutions for the amounts cancelled under such loan program. Sets forth institutional responsibilities. Authorizes appropriations.
United States · United States Congress · 5 March 1991
Authorizes the Secretary of the Interior to transfer to the Elephant Butte Irrigation District, New Mexico, title to certain rights-of-way acquired by the United States on behalf of the Rio Grande project that are used solely for serving such District lands and that the Secretary determines are necessary to enable the District to carry out operation and maintenance with respect to the portion of the project to be transferred. Authorizes the transfer of the title to such rights-of-way located in New Mexico that are used for jointly serving the District and El Paso County Water Improvement District No. 1 to the Irrigation District upon agreement by the Secretary and both Districts.