Aviation

Airport and Airway Trust Fund Integrity Act of 1991

United States · United States Congress · 19 June 1991

Airport and Airway Trust Fund Integrity Act of 1991 - Declares that the receipts and disbursements of the Airport and Airway Trust Fund allocable to transportation-related operations shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of: (1) the budget of the United States as presented by the President; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts the fund from sequestration orders. Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit the Senate or the House of Representatives from considering any concurrent resolution on the budget or reconciliation bill that would treat the Airport and Airway Trust Fund as part of the Federal budget. Amends the Internal Revenue Code to repeal the increase in taxes on the rates of transportation of persons and property by air and the Airport and Airway Trust Fund financing rate (for the aviation fuel tax). Provides for a credit or refund of excess taxes paid for floor stocks of aviation fuel held prior to the effective date of this Act.

Genehmigung einer dem Flugplan entsprechenden Zahl von Flügen ohne zusätzliche Wartezeiten durch die Flugsicherung im Luftverkehr mit Berlin (G-SIG: 12040836)

Germany · German Bundestag · 14 June 1991

AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON MUTUAL ACCEPTANCE OF PERSONNEL LICENCES FOR THE EXERCISE OF FUNCTIONS IN CIVIL AVIATION

European Union · European Commission · 12 June 1991

Erhöhung der Subventionen für die Luftfahrt angesichts der Forderung des Bundeswirtschaftsministers zur generellen Kürzung der Subventionen; Höhe der Subventionen für Landwirtschaft und Werften; Vereinbarkeit der Subventionierung der Landwirtschaft durch die EG angesichts der EG-Forderung zur Streichung der Subventionen für den deutschen Bergbau (G-SIG: 12040830)

Germany · German Bundestag · 7 June 1991

Biden-Thurmond Violent Crime Control Act of 1991

United States · United States Congress · 6 June 1991

Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods - Safer Streets and Neighborhood Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty 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, of its intention to seek the death penalty and of 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 information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of 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. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration.) Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. 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) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) 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); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - 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. Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. 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: 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; and (3) committing certain homicides and attempted homicides involving firearms in Federal facilities. Increases penalties for international terrorist acts. Provides for the imposition of the death penalty for terrorist murders. Subtitle D: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations. Part II: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle E: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle F: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (a fine and up to 25 years' imprisonment); or (2) death (a fine, life imprisonment, or, in a case of first degree murder, a sentence of death). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Establishes penalties for knowingly failing to acquire the proper form with respect to the lawful transfer, transport, shipping, receipt, or possession of an assault weapon. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Police Officers' Bill of Rights Act of 1991 - Police Officers' Bill of Rights Act of 1991 - Amends the Omnibus Act to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour, and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning. Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits. Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board. Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act. Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rules, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act. Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act, subject to specified limitations. Specifies that the sovereign immunity of a State shall not apply in the case of such a violation. Specifies that this Act does not preempt State law or collective bargaining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act. Title X: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title XI: Habeas Corpus Reform Act - Habeas Corpus Reform 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 to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. 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 by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) 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; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. 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. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XII: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Subtitle A: Increased Penalties for Gun Offenses - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person: (1) if the killing is a first degree murder, be sentenced to death, life imprisonment, or any term of years, fined, or both; and (2) if the killing is other than a first degree murder, be fined, imprisoned for life or any term of years, or both. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for discharging, using, carrying, or otherwise possessing a firearm during and in relation to such crime to five to ten years for firearm, ten to 15 years for an assault weapon, short-barreled rifle, or short-barreled shotgun, and 30 years for a machine gun, destructive device, or firearm equipped with a silencer or muffler. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Subtitle B: Firearms and Related Amendments - Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. 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. 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 making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer. 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. Defines "burglary" to mean any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense. Prohibits the court from placing on probation or suspending the sentence of any person sentenced pursuant to (currently, convicted of) a provision enhancing penalties for the use of a firearm during and in relation to any crime of violence or drug trafficking crime. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Subtitle C: 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 XIII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions.) Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIV: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XVI: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offense involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVII: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after which the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVIII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a minor (other than the offender) was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both. Defines "minor" as a person less than 18 years of age. Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination. Title XIX: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and termination date. Title XX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Title XXI: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXII: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXIII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIV: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court, with respect to probation or supervised release, and by the U.S. Parole Commission, with respect to parole) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy. Title XXV: Maximum Penalty Increases for Violent Crimes - Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) certain civil rights violations (including damage to religious property); (4) interstate and foreign travel or transportation in aid of racketeering enterprises; and (5) conspiracy to commit murder for hire. Specifies that, in determining the equitable share of proceeds for a State or local law enforcement agency from a drug-related asset seizure under CSA provisions, the Attorney General shall not retain more than ten percent of the total proceeds to cover the costs of administrative expenses. Title XXVI: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title XXVII: Brady Handgun Violence Prevention Act - Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of a copy of the statement to the chief law enforcement officer of the place of residence of the individual within one day after furnishing such statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Specifies that a chief law enforcement officer shall not be liable to any person for action taken by the officer to ascertain whether a transferee of a handgun has a criminal record or whether there is any other legal impediment to the transferee receiving a handgun under any Federal, State, or local law, except a law that specifically provides for such liability. Directs the Attorney General, subject to appropriations, to make a grant to an eligible State for the direction of a computerized criminal history record system or improvement of an existing system and to defray the cost to State and local law enforcement agencies in conducting background checks on prospective handgun purchasers. Specifies the allocation of grant funds. Authorizes appropriations.

Comprehensive Violent Crime Control Act of 1991

United States · United States Congress · 23 May 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) kidnapping 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 a habeas corpus writ notwithstanding the failure to exhaust State remedies. Prohibits the granting of a writ of 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 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. 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 requires 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. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contact an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide for a ten year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt 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 12 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 12 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.

Air Traffic Controller Incentive and Retention Act

United States · United States Congress · 21 May 1991

Air Traffic Controller Incentive and Retention Act - Increases the premium pay differential for certain air traffic control system employees and other specified employees of the Federal Aviation Administration and the Department of Defense from five to 15 percent of the applicable rate of basic pay. Entitles such employees to Sunday premium pay for work performed on Saturday. Eliminates the age limitation on annuity eligibility under the Civil Service and Federal Employees' Retirement Systems for air traffic controllers with 20 years of service as air traffic controllers.

Dayton-Aviation Heritage National Historical Park and Wright-Dunbar National Historic Preservation District Act

United States · United States Congress · 14 May 1991

Dayton Aviation Heritage National Historical Park and Wright-Dunbar National Historic Preservation District Act - Title I: Dayton Aviation Heritage National Historical Park and Wright-Dunbar Historic Preservation District - Establishes the Dayton Aviation Heritage National Historical Park as a unit of the National Park System, and the Wright-Dunbar National Historic Preservation District (both located in Ohio). Requires the Commission established by this Act to administer the preservation district. Directs the Secretary of the Interior, with the advice of the Commission, to prepare and submit to the Congress a general management plan for the park. Sets forth provisions for the headquarters of the park, a visitors' center, an interpretive center, and a memorial. Title II: Dayton Historic Preservation Commission - Establishes the Dayton Historic Preservation Commission to administer the preservation district to enhance and protect areas that have a direct effect on the operation of the park. Terminates the Commission on January 1, 2004. Requires the Commission to submit to the Secretary a preservation and development plan to be submitted to the Congress upon the Secretary's approval. Authorizes the Secretary to make funds available to the Commission before such plan is approved, upon request. Authorizes the Commission to make loans and grants, provide historical and cultural programs, and provide technical assistance to carry out its functions under this Act. Title III: General Provisions - Authorizes the Secretary to acquire easements: (1) within the park and preservation district; and (2) for an interurban or bicycle and pedestrian transportation links between sites within the park and preservation district. Authorizes appropriations.

Department of Defense Authorization Act, 1992-1993

United States · United States Congress · 14 May 1991

Department of Defense Authorization Act, 1992-1993 - Title I: Procurement Authorization of Appropriations - Authorizes appropriations for FY 1992 and 1993 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for: (1) FY 1992 and 1993 for procurement for the defense agencies; (2) FY 1992 for procurement for the Defense Inspector General; and (3) FY 1992 and 1993 for the chemical demilitarization program (the destruction of lethal chemical weapons). Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1992 and 1993 for research, development, test, and evaluation (R&D) for the armed forces and the defense agencies. Title III: Operation and Maintenance Authorization of Appropriations - Authorizes appropriations for FY 1992 and 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserves, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, and for humanitarian assistance. Authorizes appropriations for FY 1992 and 1993 for working capital funds for the armed forces and the defense agencies. Title IV: Military Personnel Authorizations for Fiscal Years 1992 and 1993 - Part A: Active Forces - Authorizes end strengths for active-duty forces for FY 1992 and 1993. Part B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1992 and 1993. Authorizes the Secretary of Defense to vary such end strengths in a limited amount. Authorizes end strength reductions for the Selected Reserve for each such fiscal year, as prescribed. Authorizes increases for each such fiscal year in the number of certain personnel authorized to be on active duty in support of the reserve forces. Part C: Military Training Student Loads - Authorizes the average military training student loads for FY 1992 and 1993. Provides for the adjustment of such student loads consistent with manpower strengths as authorized under this Act. Title V: General Provisions - Repeals: (1) a Federal provision requiring a separate budget request for reserve and National Guard procurement in each annual defense budget submitted to the Congress; (2) the current limitation on the number of military and civilian personnel assigned to headquarters and non-management headquarters and support activities within the Department of Defense (DOD); and (3) a requirement for the authorization of civilian DOD personnel by end strength. Revises the submission date of a report required under the National Defense Authorization Act for Fiscal Years 1990 and 1991 concerning annual defense outlays. Directs the Secretary of Defense to establish in DOD a Defense Business Operations Fund to finance operations within or among DOD departments and agencies, including: (1) the financing and furnishing of inventories and supplies; and (2) the performance of industrial, commercial, and support activities. Establishes such Fund in the Treasury and provides for debits, credits, and authorized Fund uses. Provides transition provisions for defense working capital funds affected by the creation of the Fund. Establishes in the Treasury the Lease Replacement Fund, Defense (Lease Fund), to be available for the rehabilitation, construction, and renovation of property and facilities owned by DOD which are determined to be suitable, available, or needed for utilization as replacement facilities for facilities being leased by or on behalf of DOD. Authorizes the transfer of appropriations for funding the Lease Fund. Authorizes appropriations for FY 1992 and 1993. Repeals a provision of the National Defense Authorization Act for Fiscal Year 1991 which provides funding for the Navy for the V-22 aircraft program. Repeals a Federal provision requiring the Secretary to establish guidelines for reducing the number of civilian DOD employees employed by industrial- or commercial-type activities. Provides for the determination of the amount of the variable housing allowance to be paid to members and former members of the reserves. Authorizes the provision of special pay to health care officers who: (1) are reserves on active duty other than for training for at least 31 days but less than one year; (2) are involuntarily retained on active duty for at least 31 days; or (3) voluntarily agree to remain on active duty for less than one year while other officers are involuntarily retained on active duty or in cases of other special circumstances as determined by the Secretary. Provides that, in the case of retired officers ordered to active duty who serve on such active duty in a grade higher than their retired grade, such officers shall be advanced on the retired list upon release from such active duty to the highest grade satisfactorily served. States that if such retired list grade is higher than their original retired grade, such service must be for a minimum of three years of total active service. Allows the President to waive such three-year requirement in individual cases. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow the number of certain intelligence personnel to be adjusted in accordance with certain actions taken by the Secretary of Defense and the Director of Central Intelligence with respect to the revision of priorities and the consolidation of functions. Extends through FY 1993: (1) the period during which an aviation career officer may sign an agreement for an extension of duty, thereby allowing such officer to receive special pay for such extension; and (2) the provision of special pay to enlisted members of the Selected Reserve assigned to certain high-priority units. Extends through FY 1995: (1) a provision which repealed a provision of the Department of Defense Authorization Act, 1984 which disallowed certain service to be considered for purposes of mandatory retirement under the retired reserve; (2) the original appointment period as a reserve medical officer for purposes of grade determination; (3) the promotion authority for certain reserve officers serving on active duty; (4) the initial appointment period for certain health professionals of the Selected Reserve to qualify for education loans through the Secretary of Defense; and (5) the enlistment and reenlistment bonus authority for members of the reserves. Repeals a Federal provision authorizing the temporary promotions of certain Navy lieutenants through FY 1992. Extends through FY 1994: (1) the period during which a registered nurse may sign an agreement for service in such capacity as a commissioned officer, thereby receiving an accession bonus; (2) the period during which a person may sign an agreement as a candidate under the nurse officer candidate accession bonus program; and (3) the provision of special pay for nurse anesthetists serving in a military capacity. Extends through FY 1997 the enlistment and reenlistment bonus authority for active-duty personnel. Authorizes the Secretaries of the military departments concerned to assign such powers, functions, and duties as considered appropriate to the General Counsels of such departments. Authorizes such General Counsels to temporarily perform the duties of the Secretaries of such military departments. Identifies the General Counsels as the chief legal officers of such departments. Establishes the pay grade for General Counsels at Level IV of the Executive Schedule. Establishes within DOD the position of Deputy Under Secretary of Defense for Policy to act for, and exercise the powers of, the Under Secretary of Defense for Policy when the Under Secretary is absent or disabled. Establishes the pay grade for the Deputy Under Secretary at Level IV of the Executive Schedule.

Dayton Aviation Heritage Preservation Act of 1992

United States · United States Congress · 14 May 1991

Dayton Aviation Heritage National Historic Preservation Act of 1991 - Title I: Dayton Aviation Heritage National Historical Park and Wright-Dunbar Historic Preservation District - Establishes the Dayton Aviation Heritage National Historical Park as a unit of the National Park System, and the Wright-Dunbar National Historic Preservation District (both located in Ohio). Requires the Commission established by this Act to administer the preservation district. Directs the Secretary of the Interior, with the advice of the Commission, to prepare and submit to the Congress a general management plan for the park. Sets forth provision for the headquarters of the park, a visitors' center, an interpretive center, and a memorial. Title II: Dayton Historic Preservation Commission - Establishes the Dayton Historic Preservation Commission to administer the preservation district to enhance and protect areas that have a direct effect on the operation of the park. Terminates the Commission on January 1, 2004. Requires the Commission to submit to the Secretary a preservation and development plan to be submitted to the Congress upon the Secretary's approval. Authorizes the Secretary to make funds available to the Commission before such plan is approved, upon request. Authorizes the Commission to make loans, grants, provide historical and cultural programs, and to provide technical assistance to carry out its functions under this Act. Title III: General Provisions - Authorizes the Secretary to acquire easements: (1) within the park and preservation district; and (2) for an interurban or bicycle and pedestrian transportation link. Authorizes appropriations.

Flight Attendant Duty Time Act

United States · United States Congress · 8 May 1991

Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees. Treats a duty period with both domestic and international flight segments as international flying for purposes of calculating duty and rest requirements if the majority of the flight time during such period is on an international or domestic segment.

To amend the Federal Aviation Act of 1958 to improve air service to small communities.

United States · United States Congress · 8 May 1991

Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation not to give consideration to the availability of slots (a reservation for an instrument flight rule takeoff or landing of an aircraft) at high density airports in determining the provision of basic essential air service to small communities and selecting an air carrier to provide such service. Requires the Secretary to ensure that a sufficient number of such slots are available to the air carrier providing such service at such airports. Provides for the transfer of slots at such airports.

Coast Guard Management and Law Enforcement Act of 1991

United States · United States Congress · 1 May 1991

Coast Guard Management and Law Enforcement Act of 1991 - Title I: Vessel Acquisition and Renovation - Authorizes appropriations for the Coast Guard for renovation of the Coast Guard Cutter Mackinaw. Authorizes appropriations to implement the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990. Amends Federal law to authorize the Secretary of the department in which the Coast Guard is operating to acquire by purchase, lease, lease-purchase, or otherwise under multiyear contracts vessels for Coast Guard use, subject to certain conditions. Amends provisions of the Merchant Marine Act, 1936 relating to capital construction funds to add to the definitions of "eligible vessel" and "qualified vessel" vessels operating under an agreement with: (1) the Secretary of Commerce for use by the National Oceanic and Atmospheric Administration; or (2) the Secretary of Transportation for use by the Coast Guard. Title II: Law Enforcement - Subtitle A: Orders to Land - Amends the Federal criminal code to provide for fines and imprisonment for the pilot or operator of an aircraft subject to the jurisdiction of the United States who intentionally fails to obey an order to land by an authorized Federal law enforcement officer who is enforcing U.S. controlled substances laws. Defines an aircraft "subject to the jurisdiction of the United States" to include: (1) an aircraft in the airspace of a foreign nation, when that nation consents to U.S. law; and (2) over the high seas, an aircraft without nationality, of U.S. registry, or of foreign registry, when that nation has consented or waived objection to U.S. enforcement of U.S. law. Allows a foreign nation to consent or waive objection by radio, telephone, or similar oral or electronic means. Makes an aircraft used in violation of these provisions liable in rem for the fine imposed. Authorizes seizure and forfeiture of such an aircraft. Amends the Federal Aviation Act of 1958 to require the immediate revocation of the registration of aircraft nationality when the pilot or operator of the aircraft intentionally fails to obey such an order to land. Amends Federal law relating to the Coast Guard to authorize the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests and take other lawful action relating to violations of U.S. laws on an aircraft over the high seas or waters of U.S. jurisdiction. Imposes civil fines on the master, operator, or person in charge of a vessel, or a pilot or operator of an aircraft, who intentionally fails to comply with certain Coast Guard officers to stop or land. Amends provisions of the Tariff Act of 1930 authorizing customs officers to board and search any vessel or vehicle at any authorized place to define "authorized place" to include: (1) with respect to a vehicle, a location in a foreign country at which U.S. customs officers are permitted to conduct inspections, examination, or searches; and (2) with respect to an aircraft, a location outside the United States, including a foreign country at which U.S. customs officers are permitted to conduct such actions. Imposes civil fines on the pilot or operator of an aircraft who intentionally fails to comply with a customs officer's order to land. Subtitle B: Territorial Sea - Directs the Secretary of Transportation to report to the Congress a list of all laws enforced by the Coast Guard in U.S. territorial seas whose application should be extended to 12 nautical miles in accordance with a specified Presidential Proclamation extending U.S. territorial seas to 12 nautical miles. Title III: Management and Administration - Amends Federal law relating to the Coast Guard to establish within the Coast Guard Reserve the Merchant Marine Reserve consisting of members of the Coast Guard Reserve with special knowledge or expertise regarding merchant marine affairs. Defines, for the subtitle of Federal shipping law relating to vessels and seamen, the term "Secretary" to mean the Secretary of Transportation. (Current law covering those provisions defines that term to mean the head of the department in which the Coast Guard is operating, which (under other provisions) is the Department of Transportation, except when the coast Guard is operating as a service of the Navy.) Amends Federal law to substitute references to a documented vessel with a Great Lakes endorsement for references to a vessel enrolled or licensed to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States in provisions relating to: (1) the exemption of certain merchandise used as "sea stores" from payment of duty; (2) the exemption of certain vessels from customs entry and clearance fees; (3) the exemption of certain towing vessels (tugs) from a requirement to make entry at the customhouse; (4) a requirement that the master of certain vessels file, upon arrival from a foreign contiguous territory, a list of supplies or merchandise purchased in the foreign country for use or sale on the vessel and a statement of the cost of all repairs to and all equipment taken on board; and (5) the exemption of certain vessels from payment of a tonnage tax. Title IV: Recreational Boating Safety - Extends to September 30, 1996, the termination date of the National Boating Safety Advisory Council.

Airspace Protection Act of 1991

United States · United States Congress · 25 April 1991

Airspace Protection Act of 1991 - Requires the Secretary of Transportation, acting through the Federal Aviation Administration (FAA), to provide written notice on any proposed designation of special use airspace to: (1) the Governor of any State over which airspace is sought to be designated as special use airspace; (2) the head of an Indian tribe on any Indian lands which are likely to be affected by such designation; (3) the Secretary of the Interior, if such designation includes airspace above any national park, national wildlife refuge, national wild and scenic river, national trail, or national wilderness administered by the Department of the Interior; and (4) each group of users of such airspace. Directs the Secretary of Transportation, upon the request of any Governor, to hold a public meeting and consider comments prior to making a determination with respect to such designation. Requires the Secretary (acting through the FAA) and the Secretary of Defense to adopt procedures for assuring that such designations comply with the National Environmental Policy Act of 1969. Provides for the triennial review of each designation. Requires the termination or modification of any designation if it is determined that the use of such airspace cannot justify the continued designation of special use airspace.

To amend the Internal Revenue Code of 1986 to reduce the Federal deficit by increasing the tax on gasoline and other motor fuels.

United States · United States Congress · 25 April 1991

Amends the Internal Revenue Code to increase the fuel deficit reduction rate in connection with the excise taxes on gasoline, diesel fuel, and aviation fuel. Makes such rates permanent law. (Currently, such rates expire after October 1, 1995.)

Airline Competition Enhancement Act of 1991

United States · United States Congress · 24 April 1991

Airline Competition Enhancement Act of 1991 - Amends the Federal Aviation Act of 1958 to prohibit major air carriers, without approval of the Secretary of Transportation (Secretary), from transferring: (1) in any one-year period rights to use more than five percent of the gates at an airport; (2) in any one-year period more than five percent of the slots allocated at a high density airport; or (3) a certificate authorizing the carrier to engage in foreign air transportation or any portion of such certificate. Directs the Secretary to issue regulations establishing transfer procedures. Sets forth approval criteria. Authorizes operators of concentrated airports to allow eligible air carriers to use unutilized gates or other related facilities at reduced rates. Directs the Secretary to establish a procedure to direct such operators to permit a petitioning eligible air carrier to use a gate during hours at which it is not being used. Authorizes foreign persons to purchase more than a specified percentage of the voting interests of an U.S. air carrier under certain conditions. Prohibits vendors that operate a computer reservation system from: (1) making available to subscribers an integrated display in which information is ordered or emphasized based upon factors relating to air carrier identity, or supply information from its system to persons creating or attempting to create such an integrated display; (2) making available to a subscriber any subscriber transaction capability which is more complete or efficient with respect to one participant than to any other, unless the vendor offers such participant the opportunity to participate in such capability at the same price as others and the participant says no; (3) charging a participant fee which is above the fee found fair and reasonable by an arbitrator's decision with respect to such vendor unless a year has elapsed since the decision; or (4) prohibiting a subscriber from obtaining any other computer reservation system. Sets forth provisions relating to: (1) subscriber contract restraints; (2) arbitration of participant fees; and (3) treatment of certain reduced computer reservation system services.

Airline Competition and Passenger Protection Act of 1991

United States · United States Congress · 24 April 1991

Airline Competition and Passenger Protection Act of 1991 - Amends the Federal Aviation Act of 1958 to require each air carrier to submit monthly to the Secretary of Transportation (Secretary) a list of each airport which served as a hub for it, together with the percentage of passengers who missed a scheduled transfer from one aircraft to another at such airport. Requires the Secretary after receiving missed transfer information to report to the Congress on the quality of service provided by each air carrier to passengers at such airports, including recommendations on methods to improve such service. Sets forth the circumstances under which an agreement involving the use of expansion of gates or other airport facilities between an air carrier and a hub airport may become effective. Requires air carriers: (1) to submit to the Secretary a monthly list of flights that arrive more than 15 minutes after their scheduled time of arrival; and (2) which know of flight delays of one hour or more to notify passengers of the length of and reasons for such delay, with an offer to refund the ticket purchase price. Authorizes airports to impose a higher fee, on a nondiscriminatory basis, for landing of aircraft during peak hours of air traffic in an effort to reduce delays and congestion at such airport. Requires the Secretary to revise the air carrier baggage reporting system of the Department of Transportation (DOT) to require air carriers to submit to the Secretary reports on list or mishandled passenger baggage. Prohibits an air carrier from limiting its liability for damages for lost or damaged baggage to less than $2,500. Sets forth time limits within which air carriers must process a passenger's claim for lost or damaged baggage. Makes an air carrier liable for damages resulting from lost or damaged passenger baggage that has been transferred from to a code sharing partner of such air carrier. Sets forth penalties for persons who make false claims to an air carrier. Requires air carriers to submit to the Secretary a monthly list of cancelled flights, including cancelled flights of code sharing partners of the air carrier, together with the reasons for such cancellations. Prohibits an air carrier from cancelling a scheduled flight within 72 hours of its scheduled departure time for any reason, other than safety or complete absence of passengers. Requires such air carrier to compensate passengers holding an airline ticket whenever it cancels a flight for non-safety reasons. Directs the Secretary to issue regulations to enable aircraft passengers to file more expeditiously any air carrier service complaints with the DOT. Directs the Secretary to establish DOT offices at hub airports to receive such complaints. Requires the Secretary to develop a system for ranking air carriers on the basis of quality of services they provide. Requires air carriers that provide air transportation between the same locations as air carriers that become debtors under the bankruptcy laws to provide, on a space available basis, air transportation for persons holding airline tickets sold by such a debtor air carrier. Sets forth air carrier advertising requirements with respect to air fares. Requires the Secretary to initiate a rulemaking proceeding to consider: (1) methods of ensuring that each air carrier provides enough seats for persons redeeming frequent flyer awards; and (2) whether or not frequent flyer mileage obtained under one air carrier's frequent flyer program should be transferable to another air carrier's frequent flyer program, or from one passenger to another as a means of reducing the anticompetitive effects of such programs. Requires air carriers to permit the transfer of nonrefundable airline tickets and airline tickets with a cancellation penalty from one passenger to another. Requires the Secretary to establish an advisory committee on air carrier passenger services. Sets forth civil and criminal penalties for violations of this Act. Requires the Secretary to issue a final regulation to eliminate the anti-competitive effects of computer reservation systems. Directs the Comptroller General to report to the Congress on its effectiveness. Prohibits the transfer of a certificate to provide interstate or overseas air transportation without approval of the Secretary as consistent with the public interest. Prohibits the transfer of a certificate to provide foreign air transportation unless: (1) the air carrier has provided such service for at least one year; (2) the Secretary has provided other air carriers an opportunity to bid on providing such service; and (3) the Secretary determines such transfer is in the public interest. Requires the Secretary to take action to ensure that the proceeds from the transfer of any certificates are used to enhance the competitive strength of the air carrier receiving such proceeds, including requiring the submission to, and approval by, the Secretary of a financial plan for the use of such proceeds.

To amend the Federal Aviation Act of 1958 to require the use of child safety restraint systems approved by the Secretary of Transportation on commercial aircraft.

United States · United States Congress · 24 April 1991

Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the United States representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.

American Technology Preeminence Act of 1991

United States · United States Congress · 23 April 1991

American Technology Preeminence Act of 1991 - Title I: Department of Commerce Research and Technology - Technology Administration Authorization Act of 1991 - Authorizes appropriations to the Secretary of Commerce, to carry out the activities of the Under Secretary for Technology and the Assistant Secretary for Technology Policy, for: (1) Office of Under Secretary; (2) Technology Policy; (3) Japanese Technical Literature; (4) Clearinghouse on State and Local Initiatives on Productivity, Technology, and Innovation; and (5) National Technical Information Service (NTIS). Requires operating costs for certain NTIS activities to be recovered primarily through fees. Mandates a report by the Secretary to the Congress responding to a specified Inspector General's Report and containing certain information and certifications. Amends the Omnibus Trade and Competitiveness Act of 1988 and the National Defense Authorization Act for Fiscal Years 1988 and 1989 to change references to the Under Secretary for Economic Affairs to references to the Under Secretary for Technology in provisions relating to: (1) membership on the Advisory Council on Federal Participation in Sematech; and (2) the conduct of a study on Federal participation in Sematech. Authorizes appropriations to the Secretary for the National Institute of Standards and Technology (NIST) for: (1) Electronics and Electrical Measurements; (2) Manufacturing Engineering; (3) Chemical Science and Technology; (4) Physics; (5) Materials Science and Engineering; (6) Building and Fire Research; (7) Computer Systems; (8) Applied Mathematics and Scientific Computing; (9) Technology Assistance; and (10) Research Support Activities. Earmarks certain amounts. Limits funds transfers among the line items. Declares that, subject to specified exceptions, this Act contains the complete authorizations of appropriations for NIST for a specified fiscal year. Authorizes the Secretary to pay the Federal share of a pilot program under existing provisions to assist a country or countries in the development of comprehensive industrial standards. Amends the National Institute of Standards and Technology Act (NIST Act) to remove provisions limiting the amount NIST may, without specific appropriations, spend for construction or improvement of buildings or facilities. Requires: (1) NIST fire research and building technology programs to be combined for administrative purposes only, and separate budget accounts to be maintained; and (2) a report to the Congress on the combination and matters related to the two programs. Directs the Secretary, through the NIST Director, and the Administrator of the Federal Aviation Administration to jointly prepare and, subject to appropriations, carry out a plan for research to develop the fire technology and materials for an all fire resistant aircraft cabin interior. Amends the NIST Act to authorize financial assistance to U.S. citizens for research and technical activities on Institute programs. Authorizes, where shortages exist, recruitment and employment at NIST of foreign nationals admitted to the United States for permanent residence who intend to become U.S. citizens. Authorizes appropriations to the Secretary to carry out the extramural industrial technology services programs of NIST under specified provisions, to be available for: (1) Regional Centers for the Transfer of Manufacturing Technology; (2) State Technology Extension Program; and (3) Advanced Technology Program. Requires competitive merit review of extramural programs. Amends the Omnibus Trade and Competitiveness Act of 1988 to remove provisions requiring cooperative agreements between NIST and State technology extension services to expire on September 30, 1991. Authorizes appropriations to carry out the National Advisory Committee on Semiconductor Research and Development Act of 1988. Authorizes appropriations to the Secretary to make any adjustments in salary, pay, retirement, and other employee benefits which may be provided for by law. Prohibits awarding a contract or subcontract with funds authorized under this title for an article or material produced or manufactured in a foreign country whose government unfairly maintains in government procurement a significant and persistent pattern or practice of discrimination against U.S. products or services which results in identifiable harms to U.S. businesses. Makes ineligible to receive a contract or subcontract from the Department of Commerce any person who fraudulently affixes a "Made in America" label to a product. Authorizes the Secretary, in certain circumstances, to award to a domestic firm a contract that, under competitive procedures, would be awarded to a foreign firm. Title II: Advanced Technology Program Amendments - Emerging Technologies and Advanced Technology Program Amendments Act of 1991 - Amends the NIST Act to authorize the Secretary, through the Director, to make grants and enter into contracts and cooperative agreements under the Advanced Technology Program, including as a method for participating in U.S. joint research and development ventures (joint ventures). Limits the amount of any such contract or award (currently, any such contract or cooperative agreement). Replaces provisions entitling the Federal Government to a share of the licensing fees and royalty payments to a business or joint venture with provisions requiring each agreement with a business or joint venture that receives an award to specify a test for determining whether the venture is a commercial success and, if so, provide for recoupment to the Federal Government. Sets forth eligibility requirements for company participation in the Program. Requires assistance under the Program to be designed to support high risk projects with potential for eventual substantial widespread commercial application. Requires title to any intellectual property arising from assistance under the Program to vest in a company or companies incorporated in the United States. Allows the United States to retain a license in connection with such property. Allows a limited percentage of the funds appropriated for the Program to be used for standards development and technical activities by NIST in support of the purposes of the Program. Authorizes the Secretary, in carrying out NIST extramural funding programs, to retain amounts to pay for NIST's management of the programs. Title III: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to remove fiscal year limitations from provisions requiring that each Federal agency transfer an amount to NIST for the Federal Laboratory Consortium for Technology Transfer. Repeals provisions mandating demonstration projects in technology transfer. Adds references to intellectual property to provisions defining "cooperative research and development agreement." Amends the definition of "Federal agency" to include any agency of the legislative branch. Authorizes the Secretary to use appropriated funds to cover the cost of the Malcolm Baldrige National Quality Award program to the extent such funds are needed in excess of the funds available under specified provisions. Adds to the duties of the Secretary, through the Under Secretary for Technology, that of serving as a focal point for discussions among U.S. companies on topics of interest to industry and labor. Title IV: National Commission on Reducing Capital Costs for Emerging Technology - Establishes the National Commission on Reducing Capital Costs for Emerging Technology to develop recommendations to increase the competitiveness of U.S. industry by encouraging investments in research, the development of new process and product technologies, and the production of those technologies. Authorizes appropriations. Title V: Studies and Reports - Requires the Director of the Office of Science and Technology Policy to establish the High-Resolution Information Systems Advisory Board to monitor and foster the development of U.S.-based high-resolution information systems industries (defined as the equipment and techniques to create, store, recover, and play back high-resolution images and accompanying sound). Authorizes appropriations. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to mandate an annual report to the Congress on each major science and technology project in which more than one country is participating and which has a total estimated cost over one billion dollars. Modifies the required contents of the biennial national critical technologies report to the President. Allows a product or process to be considered a national critical technology if it is essential for U.S. long-term national security or economic prosperity (currently, national security and economic prosperity). Directs the Secretary to report to the Congress, with annual updates, regarding: (1) civilian industries necessary for a robust manufacturing infrastructure and critical to economic security; (2) major research and development being undertaken, and substantial investments being made, by the Federal Government in each of the critical industries; and (3) a ten-year plan of major public and private efforts needed to ensure growth and stability of each critical industry. Establishes the Commission on Technology and Procurement to analyze the effect of Federal Government procurement laws, procedures, and policies on the development of advanced technologies in the United States and to make recommendations on changing Federal policy to promote the development of advanced technologies. Authorizes appropriations. Directs the Secretary to report to specified congressional committees on the feasibility of establishing and operating a Federal Online Information Product Catalog (FEDLINE) at the National Technical Information Service (NTIS) to serve as a comprehensive inventory of information products and services disseminated by the Federal Government and assist agencies and the public in locating Federal Government information. Authorizes the NTIS Director to retain and use all monies received to fund obligations and expenses through the end of a specified fiscal year. Amends the National Technical Information Act of 1988 to add producing and disseminating information products in electronic format to the duties of the NTIS. Establishes the National Quality Council to take certain actions regarding quality performance in business, education, government, and all other sectors. Establishes in the Treasury the National Quality Performance Trust Fund to receive all funds received by the Council. Makes amounts in the Fund available to the Council without further appropriation. Prohibits the Council from accepting private donations from a single source in excess of a specified amount per year. Requires approval of two-thirds of the Council to accept donations from a single source over a certain amount per year. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to replace provisions establishing and setting forth the membership and functions of the Federal Coordinating Council for Science, Engineering, and Technology with provisions relating to the membership and functions of the Council and assistance to the Council by other Federal agencies. Directs the Secretary to contract with the National Research Council for a thorough review of international product testing and certification issues. Mandates a report to the Secretary, the President, and the Congress. Requires the Director of the Office of Science and Technology Policy to report to the Congress: (1) proposing a strategy for improving the university research capabilities of States which historically have received relatively little Federal research and development funding; and (2) on the feasibility and advisability of using the National Science Foundation's Experimental Program to Stimulate Competitive Research as a model for similar programs in other Federal departments and agencies which fund research and development. Directs the Secretary to report to specified congressional committees regarding a plan for coordination of Commerce Department efforts with other Federal agencies concerning high-resolution information systems. Title VI: Lead Exposure Hazards - Requires NIST to recommend to the Administrator of the Environmental Protection Agency (EPA) technical criteria and implement a voluntary accreditation program with respect to laboratory analysis of lead in paint, films, soil, and dust. Requires that funds for implementing the program be provided to NIST by the EPA Administrator. Allows funds received through charges for accreditation services to be used by NIST for operating costs. Requires NIST, subject to the availability of funds, to recommend to the EPA Administrator protocols, criteria, reference materials, and minimum performance standards to be used in the evaluation of emerging products and techniques for detecting lead in paint films and dust and to ensure reliable, accurate, and effective lead detection technologies. Requires NIST, subject to the availability of funds, to recommend to the EPA Administrator performance criteria and standards for lead paint encapsulants and for strippers.

Operation Coastal Shield of 1991

United States · United States Congress · 23 April 1991

Title I: General Provisions - Operation Coastal Shield of 1991 - Sets forth congressional findings and purposes with respect to coastal and Great Lakes water quality. Title II: Coastal Water Quality - Amends the Clean Water Act to require the Administrator of the Environmental Protection Agency to: (1) issue guidance to States for implementing water quality criteria, developing water and sediment quality-based effluent limitations, and implementing water quality related controls on nonpoint sources; (2) submit a workplan to specified congressional committees on a five-year schedule for developing and revising criteria for pollutants found in coastal waters; (3) issue or revise at least five new criteria and revise at least five existing criteria biennially for pollutants which pose the greatest risk to coastal waters; and (4) publish biological criteria for assessing and protecting coastal water quality and habitat to complement pollutant-specific criteria. Requires a coastal State, whenever the State reviews water quality standards, to adopt coastal water quality standards for pollutants for which water quality criteria and information have been issued. Requires criteria issued by the Administrator to take effect immediately as interim coastal water quality standards for States that fail to adopt approvable standards. Directs the Administrator to publish information on methods for measuring water quality criteria for pollutants that may pose risks to coastal and Great Lakes water quality on bases other than pollutant-by-pollutant criteria. Requires applicants for Federal permits to conduct activities which may result in discharges into navigable waters to obtain a certification from the State in which the discharge will originate that such activities will not contribute to a failure to achieve water quality standards. Directs coastal States to develop coastal water quality protection programs for restoring and protecting coastal water quality. Requires such programs to: (1) incorporate requirements of specified Acts; (2) identify coastal waters for which standards cannot be expected to be maintained and waters that currently meet standards but are threatened by increases in pollution; (3) establish a priority ranking for such waters and implement schedules for developing water quality restoration plans for those waters; (4) provide for a system of allocating and exchanging discharge reduction credits and pollution offsets among sources of conventional pollutants and nutrients into coastal waters; (5) establish a system through which a State authority certifies that the issuance or renewal of a discharge permit or the undertaking of any activity subject to the requirements of a coastal water quality restoration plan complies with such requirements; and (6) ensure public participation in the program and include procedures to ensure compliance with the program. Sets forth: (1) requirements for coastal water quality restoration plans; and (2) approval procedures for such plans and for coastal water quality protection programs. Directs the Administrator to develop water quality restoration plans for States that fail to do so. Requires the Administrator to issue orders to, or commence civil actions against, persons failing to comply with coastal water quality protection program requirements. Authorizes citizen suits against the United States and other governmental authorities for violations of such requirements. Prohibits the issuance or renewal of permits for discharges into estuaries nominated for the National Estuary Program, except in compliance with specified guidelines. Directs the Administrator to review and revise guidelines to prevent the degradation of coastal water quality and to reflect changes made by this Act. Authorizes State Governors to request the Secretary of the department in which the Coast Guard is operating to enter into a cooperative agreement to permit a State and its political subdivisions to enforce requirements for marine sanitation devices. Requires such agreements to authorize States or political subdivisions to assess and retain required penalties. Directs the Director of the Fish and Wildlife Service and the Administrator to notify the fish and game and water pollution control authorities of each coastal State of the funds available under the Dingell-Johnson Sport Fish Restoration Act to finance shoreside pumpout stations for marine sanitation devices. Requires the Administrator to review and revise standards for marine sanitation devices to prevent discharges from vessels equipped with Type III marine aviation devices. Directs the Administrator to: (1) identify pollution control measures for controlling the introduction of pollutants into coastal waters from nonpoint sources; (2) develop techniques for evaluating the effectiveness of such measures; and (3) make available to State and local authorities technical guidance for implementing and monitoring such measures. Requires the Administrator, with respect to best management practices for industry, to identify releases of pollutants that may cause risks to human health or the environment and to prohibit or restrict the production of such pollutants to eliminate such risks. Revises provisions concerning the purposes of management conferences under the National Estuary Program. Requires such conferences to be convened for periods of at least five years (currently, up to five years). Permits the extension of a conference for an additional five years if the affected Governors concur in the extension and the extension is necessary to meet requirements. Revises approval and implementation procedures for conservation and management plans under the Program. Authorizes the Administrator to make grants for the implementation of such plans. Extends the authorization of appropriations for Program activities. Authorizes appropriations to the Under Secretary of Commerce for Oceans and Atmosphere and the Director to participate in the development and implementation of such plans. Requires the Administrator to issue orders to, or commence civil actions against, persons failing to comply with requirements concerning national estuaries. Title III: Coastal and Great Lakes Contaminated Sediments Remediation Program - Directs the Administrator to conduct a survey and report to the Congress on bottom sediment contamination in the Great Lakes and U.S. coastal waters. Declares that the purpose of such survey is to assess the severity of such contamination, identify areas for which additional pollution reduction requirements may be required, and determine the order of priority for undertaking remedial actions. Requires the Administrator to publish: (1) criteria for sediment quality; and (2) information on the factors necessary to restore and maintain the chemical, physical, and biological integrity of aquatic ecosystems. Authorizes persons to petition for the development of criteria for pollutants. Requires the Administrator to approve a petition if the pollutant, when present in sediments, is preventing: (1) the attainment of a balanced, indigenous population of fish, shellfish, or wildlife; or (2) recreation in and on the Great Lakes or coastal waters. Directs the Administrator to: (1) issue national sediment remediation standards to govern remediation projects involving contaminated sediments; and (2) issue standards to establish temporary maximum permissible concentrations of pollutants or contaminants during the duration of projects for sediment contamination. Requires the Administrator, when publishing sediment quality criteria for a pollutant, to issue guidance on the imposition by the appropriate permitting authority of sediment-based effluent limits that will prevent the violation of such criteria. Directs the Administrator to publish guidelines to govern projects to clean up contaminated sediments. Provides for the review and revision of such guidelines at least once every five years. Requires the Administrator, with the approval of a State Governor, to implement sediment remediation projects for locations posing the greatest risks to human health and the environment. Prohibits the Administrator, in selecting such sites, from selecting any site listed as a priority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and for which there is reasonable likelihood of remediation under such Act. Authorizes approprations. Title IV: Monitoring Coastal Waters - Establishes the National Coastal Water Quality Monitoring Task Force. Requires the Task Force to: (1) implement a national strategy for conducting coastal water quality monitoring programs; (2) identify all Federal water quality monitoring programs and incorporate those programs into the national strategy; (3) develop a memorandum of understanding among appropriate Federal agencies to implement such strategy; (4) develop coastal water quality monitoring guidelines; and (5) select high priority coastal waters and approve, implement, or disapprove coastal water quality monitoring programs for such waters. Directs the Task Force to issue quidelines to assist in the development and implementation of such programs. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to require Regional Marine Research Boards to establish monitoring committees comprised of individuals with technical expertise in coastal water quality monitoring programs. Requires the Boards, acting through such committees, to: (1) recommend areas for individual monitoring; (2) submit recommendations to the Task Force; (3) develop coastal water quality monitoring programs for high priority coastal waters selected by the Task Force; (4) provide for public participation in such programs; (5) provide technical guidance for the implementation of such programs; and (6) review the effectiveness of such programs and make necessary modifications. Sets forth requirements for coastal water quality monitoring programs and approval procedures for programs submitted by the committees to the Task Force. Requires the Under Secretary, the Administrator, and State Governors to ensure compliance with such programs. Deems requirements of approved programs to be requirements of the Marine Protection, Research, and Sanctuaries Act of 1972 and requires such programs to be submitted for approval as part of coastal zone management programs under the coastal Zone Management Act of 1972. Directs the Administrator or a State permitting authority to incorporate monitoring requirements into discharge permits. Title V: Compliance and Enforcement - Amends the Clean Water Act to authorize the use of specified civil and administrative penalties for beneficial mitigation projects. Increases the maximum on class II civil penalties authorized to be assessed under such Act. Prohibits Federal agencies from entering into any contract for the procurement of goods or services if the contract is to be performed at any facility owned or operated by a person who has: (1) repeatedly violated a discharge permit or the requirements of a nonpoint source management program or categorical standard with respect to the treatment of pollutants; or (2) been in repeated noncompliance with an estuary conservation and management plan. Authorizes the Administrator to commence administrative enforcement actions against Federal agencies to enforce this Act. Permits partial program withdrawal of State discharge permit programs if the Administrator determines that a State is not administering part of a program in accordance with applicable requirements. Requires permits to take effect upon issuance unless the permittee demonstrates that: (1) he will be irreparably harmed; and (2) there is a likelihood that he will succeed on the merits in an administrative hearing or civil action to review the permit's conditions. Prohibits Federal agencies from undertaking any development project or awarding any grant for an activity that may adversely affect the quality of navigable waters in any State with a pattern of: (1) continuing and chronic violations of coastal water quality standards; or (2) continuing and chronic failure to maintain a designated use under such standards. Requires Federal agencies which own or operate facilities that discharge pollutants into navigable waters (and that would qualify as major dischargers if industrial facilities) to develop and submit to the Administrator environmental auditing plans for such facilities. Directs industrial dischargers and publicly owned treatment works that discharge pollutants into navigable waters and that have repeatedly violated discharge permits or consent decrees to conduct biannual environmental audits of such facilities until they are no longer in violation of applicable requirements. Requires major dischargers, prior to the renewal of a permit, to provide to the Administrator an environmental audit conducted during the six-month period preceding the renewal. Sets forth requirements for audits and auditors. Requires the Administrator to: (1) issue regulations establishing eligibility requirements for certification of environmental auditors and continuing education requirements for maintaining the certification; and (2) issue guidance to States on the development of State programs for certification of environmental auditors. Directs States having navigable waters that do not meet applicable water quality standards to post and maintain signs at each place of public access to such waters indicating the standards such waters fail to meet and the health and environmental effects which may occur as a result of such failure. Title VI: Financing - Subtitle A: Discharge Fees - Establishes the Coastal Defense Fund. Provides for the deposit of specified fines, penalties, and payments collected under the Clean Water Act and the Marine Protection, Research, and Sanctuaries Act of 1972 into the Fund. Requires the Administrator to use Fund revenues to supplement funding for activities associated with administering the discharge permit program. Directs the Administrator to establish a National Coastal Discharge Permit Fee System to collect fees from coastal dischargers. Declares that the objectives of the System are to: (1) recoup the costs to Federal, State, and local governments of administering coastal discharge permit programs; (2) provide economic incentives to dischargers to eliminate or reduce the volume of toxicities of their effluents; and (3) supplement funding for discharge permitting programs under the Clean Water Act. Provides for the deposit of fees and penalties collected under the System into the Fund. Makes persons failing to pay fees liable for civil penalties. Provides for a hardship exemption to fees under certain conditions. Requires the Administrator, upon the petition of a coastal State, to waive the application of the System to such State if the amount of discharge fees collected under a State system is equivalent to the amount that would be collected by the System. Prohibits such waiver if the State uses fees solely to support State water quality programs. Makes industrial users of publicly owned treatment works liable for fees and requires users to pay fees to the authority responsible for controlling the treatment works. Directs the authority to retain such fees and use them to enforce water quality programs. Requires the Administrator to establish a fee schedule under the System that provides for the assessment of fees at least once a year and for the triennial adjustment of fees. Subtitle B: General Authorizations - Extends through FY 1999 the authorization of appropriations under the Clean Water Act for: (1) specified research, investigations, training, and information; (2) grants to States for pollution control programs; (3) nonpoint source pollution control in rural areas; (4) interagency agreements to maintain water quality; (5) the clean lakes program; and (6) nonpoint source pollution management programs. Extends the general authorization under such Act through FY 1999. Subtitle C: State and Local Financing - Authorizes States to use up to 15 percent of monies available in water pollution control revolving funds under the Clean Water Act to provide financial assistance to financially restricted communities. Permits loans to be made to such communities on terms of up to 40 years. Authorizes a fund to be used to reduce the principal of a debt obligation of a municipality or intermunicipal or interstate agency incurred after April 1, 1991, by up to 34 percent. Adds to the list of projects eligible for revolving fund assistance: (1) approved combined stormwater and sanitary sewer control programs; and (2) Great Lakes protection programs. Provides that: (1) annual principal and interest payments for loans made with revolving fund monies will commence no later than three years (currently, one year) after the completion of the project; and (2) amounts used for administering a fund shall not exceed four percent of amounts allotted to a State, or $400,000, whichever is greater (currently, four percent of all grant awards to such fund). Extends the allotment formula with respect to such funds. Raises the ceiling on the dollar amount to be reserved for planning purposes. Extends the authorization of appropriations for such funds through FY 1999.

A bill to amend the Federal Aviation Act of 1958 to limit the age restrictions imposed upon aircraft pilots.

United States · United States Congress · 18 April 1991

Amends the Federal Aviation Act of 1958 to prohibit the Administrator of the Federal Aviation Administration from refusing to issue or renew an airman's certificate, or terminate the employment of an airman, solely by reason of the airman's age if such person is under the age of 65.

To amend the Federal Aviation Act of 1958 to limit the age restrictions imposed upon aircraft pilots.

United States · United States Congress · 18 April 1991

Amends the Federal Aviation Act of 1958 to prohibit the Administrator of the Federal Aviation Administration from refusing to issue or renew an airman's certificate, or requiring an air carrier to terminate the employment of an airman, solely by reason of the airman's age if such person is under the age of 65.

Airline Computer Reservation System Availability Act of 1991

United States · United States Congress · 17 April 1991

Airline Computer Reservation System Availability Act of 1991 - Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to ensure that computer reservation systems are available to all air carriers, ticket agents, and other persons on a nondiscriminatory basis. Prohibits air carriers (or affiliates) from operating such a system after January 1, 1992.

To terminate the effectiveness of certain amendments to the foreign repair station rules of the Federal Aviation Administration.

United States · United States Congress · 17 April 1991

Terminates the effectiveness of certain November 22, 1988, amendments to the foreign repair station rules of the Federal Aviation Administration.

Wayport Development Act of 1991

United States · United States Congress · 21 March 1991

Wayport Development Act of 1991 - Directs the Administrator of the Federal Aviation Administration to establish a program for making loans to designated wayports (airports used primarily as locations at which passengers and cargo may be transferred between connecting flights of air carriers) for wayport planning and development. Prohibits the Administrator from establishing such loan program if the Congress enacts a joint resolution disapproving the final report of the Wayport Development Commission (established by this Act). Sets forth specified requirements and terms and conditions for such loans. Establishes the Wayport Revolving Loan Fund. Authorizes appropriations to such Fund from unobligated amounts in the Airport and Airway Trust Fund for FY 1991 through 1993. Makes such Fund available to the Administrator for making loans to wayport authorities for financing wayport planning and development projects. Directs the Secretary of the Treasury to invest amounts in the Fund in U.S. interest-bearing obligations. Requires interest earned during FY 1991 through 1993 to be deposited into the Airport and Airway Trust Fund. Establishes in the Department of Transportation the Wayport Development Commission to identify areas of the country suitable for the location of wayports. Requires specified reports to the Administrator and the Congress. Provides for congressional consideration of the Commission's final report on the location of wayports in the United States. Requires the Administrator to transmit to the Congress an annual report concerning: (1) the loans made under this Act; (2) repayment of such loans; (3) the status of the wayport planning and development projects; and (4) the financial condition of the Wayport Revolving Loan Fund.

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

United States · United States Congress · 21 March 1991

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

To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in the Code.

United States · United States Congress · 20 March 1991

Codifies existing Federal transportation law relating to: (1) the Department of Transportation; (2) other Government agencies; (3) general and intermodal programs; (4) interstate commerce; (5) rail programs; (6) motor vehicle and driver programs; (7) aviation programs; (8) pipelines; (9) commercial space transportation; (10) bills of lading; (11) contraband; (12) damage to transported property; (13) transportation of animals; (14) payments for inspection and quarantine services; and (15) medals of honor. Sets forth provisions relating to: (1) ports of entry for civil aircraft; (2) customs violations, including public health, immigration, and controlled substances violations; (3) animal and plant quarantines; and (4) exempting mass transportation from Interstate Commerce Commission jurisdiction. Repeals various Acts of Congress relating to Federal transportation law.

Omnibus Transportation Employee Testing Act of 1991

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.

Transportation Employee Testing Act of 1991

United States · United States Congress · 14 March 1991

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 air carriers and foreign air carriers to conduct pre-employment, reasonable suspicion, periodic recurring, random, and post-accident testing of employees whose duties include responsibility for safety-sensitive functions for use of alcohol or a controlled substance in violation of Federal law. 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 completed a rehabilitation program; (3) following a determination of such use refuse to undertake such a program; or (4) fail to complete the program. Requires the Administrator to prescribe regulations setting forth requirements for rehabilitation programs which provide for the identification and opportunity for treatment of such employees in resolving problems with substance abuse. Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for flight safety operations and who need assistance in resolving substance abuse problems. Outlines the requirements of such program. Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary of Transportation to establish a program requiring motor carriers to conduct pre-employment, periodic recurring, 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 a commercial motor vehicle in which serious bodily injury, loss of human life, or significant property damage has occurred. Directs the Secretary to issue regulations setting forth the requirements for a rehabilitation program for the identification and opportunity for 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 substance (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 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 FY 1990 for such pilot testing program. Directs the Secretary to issue regulations which establishes a program that requires mass transportation operations which receive Federal financial assistance under the Urban Mass Transportation Act of 1964 and other specified Federal law to conduct preemployment, reasonable suspicion, random, and postaccident testing of mass transportation employees whose duties include responsibility for safety-sensitive functions for use of alcohol or a controlled substance in violation of Federal law. Outlines the requirements for test procedures for alcohol and drug use among mass transportation employees. Requires the disqualification for a period of time or dismissal of a mass transportation employee who has been found to have used alcohol or a controlled substance while on duty. Prohibits a person from receiving such Federal assistance if such person: (1) is required to establish a program of alcohol and controlled substances testing; and (2) fails to establish such a program.

General Aviation Accident Liability Standards Act of 1991

United States · United States Congress · 13 March 1991

General Aviation Accident Liability Standards Act of 1991 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions that exceed $50,000 for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.

Product Liability Fairness Act

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.

Comprehensive Violent Crime Control Act of 1991

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.

Violent Crime Control Act of 1991

United States · United States Congress · 12 March 1991

Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods Act - Safer Streets and Neighborhoods Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1991 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty 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, of its intention to seek the death penalty and of 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 information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of 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. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration). Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. 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) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) 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); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) the export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Comprehensive Counter-Terrorism Act of 1991 - Subtitle A: Punishing Domestic and International Terrorist Acts - Part I: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder. Part II: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder. Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years' imprisonment, a fine, or both). Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act. Part III: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad. Subtitle B: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts. Part II: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. Part III: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle C: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle D: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle E: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (subject to a fine, up to 25 years' imprisonment, or both); and (2) death of one of those persons (including a sentence of death or life imprisonment without release). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title X: Habeas Corpus Reform Act - Habeas Corpus Reform 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 to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. 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 by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) 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; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. 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. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XI: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person, with intent to kill, be sentenced to death or life imprisonment without release. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for carrying, possessing, or discharging a firearm during and in relation to such crime to up to ten years for any firearm and ten to 15 years for an assault weapon. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Increases (from five to ten years) the term of imprisonment for knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer. Sets penalties for: (1) knowingly failing to acquire the proper form or its equivalent with respect to the transfer, transport, receipt, or possession of an assault weapon; and (2) theft of explosive materials. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Permits a judicial officer to consider pretrial detention of a defendant for certain firearms and explosives offenses. Amends provisions of the Internal Revenue Code of 1986 with respect to the disposal of forfeited firearms to authorize public sale to a licensed dealer, under specified conditions. Title XII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions). Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIII: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XIV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XV: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to the Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Requires that assets seized from rural clandestine methamphetamine and other dangerous drugs laboratory operations and their operators be used primarily to fund the decontamination of the property and immediate environment chemically fouled by such operations or operators (and any remaining assets used to decontaminate other such sites throughout the jurisdiction of the task force). Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVI: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a non-driving minor was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a non-driving minor is present in the vehicle by up to one year's imprisonment and an additional $1,000 fine. Title XVIII: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and its termination date. Title XIX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires all Federal law enforcement agencies to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected against their accused offenders; (3) be notified of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) receive restitution; and (7) receive information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons required by this Act to identify and provide certain services to the victims of a crime such as informing victims about where to receive medical care, counseling, and police protection and about developments during the investigation and prosecution of the crime and after the trial (such as the arrest of a suspected offender or an escape of a convicted offender). Directs the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay, either directly or by reimbursement, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. Directs that a responsible official provide the victim with general information regarding the corrections process, including information about work release, furlough, and probation. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Amends the Federal Bankruptcy code to make an exception to a discharge in bankruptcy to the extent that the debt arises from a proceeding brought by a governmental unit to recover a civil or criminal restitution, or to the extent that such debt arises from an agreed judgment or other agreement by the debtor to pay money or transfer property in settlement of such an action by a governmental unit. Title XX: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXI: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for this reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIII: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy.

Comprehensive Violent Crime Control Act of 1991

United States · United States Congress · 12 March 1991

Comprehensive Violent Crime Control Act of 1991 - Title I: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgment probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contact an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide for a ten-year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a Governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.

To provide for the rehiring of certain former air traffic controllers.

United States · United States Congress · 5 March 1991

Provides that former air traffic controllers shall not, as a class, be considered unsuitable or ineligible for: (1) positions as air traffic controllers in the Federal Aviation Administration (FAA) or the Department of Defense; or (2) positions in the FAA other than air traffic controller positions. Requires the Secretary of Transportation and the Director of the Office of Personnel Management to take action to ensure that in each of FY 1992 and 1993, at least 500 former controllers are appointed to permanent, full-time positions as air traffic controllers in the FAA. Provides for a waiver of the maximum-age limitation applicable to such appointments. Prescribes procedural guidelines for competitive and non-competitive appointments of such controllers. Precludes an applicant's role in the 1981 strike from being considered when making a determination of suitability for an air traffic controller position. Requires the Secretary of Transportation and the Secretary of Defense to prescribe regulations under which the appointment of a former controller to an air traffic controller position within their respective departments shall not become final unless a probationary period has been successfully completed. Sets forth guidelines for the computation of creditability of service for retirement purposes. Expresses the sense of the Congress that such reinstatements should not: (1) cause the separation or reduction in grade of any other air traffic controller; or (2) interfere with training opportunities which would otherwise be afforded to air traffic controllers seeking to become fully qualified.

Federal Death Penalty Act of 1991

United States · United States Congress · 6 February 1991

Federal Death Penalty Act of 1991 - Amends the Federal criminal code (and provisions of the Controlled Substances Act and the Federal Aviation Act) to provide for the imposition of the death penalty for specified Federal crimes including those involving: (1) presidential assassinations, assassinations of the Vice President, President- and Vice President-elect, and engaging in conduct in the course of an attempted assassination resulting in serious bodily injury to such officials; (2) killings of Members of Congress, the Cabinet, or the Supreme Court; (3) killings of foreign officials; (4) killings of Federal judges and certain law enforcement officers; (5) killings of Federal witnesses; (6) killings of victims of a kidnapping or hostage taking; (7) contract murders; (8) terrorism; (9) skyjacking; (10) killings involving a "continuing criminal conspiracy"; (11) mailbombing; (12) killings involving the destruction of aircraft or aircraft facilities; (13) killings involving the destruction of motor vehicles or motor vehicle facilities; (14) killings involving the transportation of explosives; (15) murder, with a possible exception involving murders in Indian country; (16) murder by a Federal prisoner; (17) violent crimes in aid of racketeering activity; (18) trainwrecking; (19) killings involving bank robbery and incidental crimes; and (20) genocide. Sets forth procedures for the handling of death penalty cases. Requires: (1) the Government to file with the court and 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; and (2) the court to consider any aggravating factors the Government gives notice of that are not specifically listed in this Act as aggravating factors. Bars: (1) the Government from seeking to prove as part of the basis for the death penalty any factor the court considers unless the court approves the Government's doing so; (2) the court from approving such a factor unless, after a hearing that is completed before the sentencing phase of the trial begins, the court determines that the proposed aggravating factors address the nature of the crime or the character of the defendant so as to narrow the class of persons eligible for the death penalty and justify its imposition on this particular defendant; and (3) appeal by the United States from a court decision or order disapproving such a factor. Requires the trial to be divided into two phases: (1) the first to determine the guilt or innocence of the defendant; and (2) the second to determine sentencing. Directs the judge who presided at the first phase, or another judge if that judge is unavailable, to conduct the second phase (hearing to determine punishment.) Specifies that no presentence report shall be prepared by the U.S. Probation Service before such a hearing. Directs that the hearing be conducted: (1) before the jury that determined the defendant's guilt; (2) before a jury impaneled for the purpose of such hearing if the defendant was convicted upon a plea of guilty, by the court sitting without a jury, or where the jury that convicted the defendant was discharged for good cause or after initial imposition (or reconsideration) of a sentence; and (3) before the court alone, upon motion of the defendant and with the approval of the attorney for the Government. Sets forth: (1) lists of, and standards of proof for finding the existence of, mitigating and aggravating factors; and (2) requirements for special findings by the jury (or the court, if there is no jury) concerning such factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Requires the court to: (1) impose the death sentence if it finds that the evidence supports the jury's findings regarding the existence of, and the jury's weighing of, the aggravating factors against the mitigating factors, and that the jury's decision was not the result of passion or prejudice; and (2) affirm the jury's decision unless the court finds that no reasonable juror could have reasonably found as the jury did. Authorizes the court to impose other sentences, including life imprisonment without the possibility of release or furlough, where appropriate. Bars: (1) the imposition or carrying out of the death penalty against an individual who had not attained age 18 at the time of the offense, or who is mentally retarded or incompetent; and (2) carrying out such a sentence upon a pregnant woman. Sets forth procedures for appeal of a death sentence. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if contrary to his or her moral or religious convictions. Authorizes the use of State facilities to carry out the death sentence.

To amend the Federal Aviation Act of 1958 to authorize reduced-rate air transportation to the United States for certain persons who have been or will be adopted by a resident of the United States.

United States · United States Congress · 6 February 1991

Amends the Federal Aviation Act of 1958 to allow air carriers to offer reduced rates for any individual under 16 years of age who is traveling to the United States from a foreign country to be adopted, or after being adopted, by a resident of the United States.

To amend the Internal Revenue Code of 1986 to deny the business deduction for any amount paid or incurred for regularly scheduled air transportation to the extent such amount exceeds the normal tourist class fare for such transportation.

United States · United States Congress · 6 February 1991

Amends the Internal Revenue Code to disallow an income tax deduction for business air travel expenses on regularly scheduled flights to the extent the cost exceeds normal tourist class air fare.

To amend the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to reduce under certain circumstances the percentage of voting interests of air carriers which are required to be owned or controlled by persons who are citizens of the United States.

United States · United States Congress · 4 February 1991

Amends the Federal Aviation Act of 1958 to authorize foreign persons to purchase more than a specified percentage of the voting interests of a U.S. air carrier.

Comprehensive Counter-Terrorism Act of 1991

United States · United States Congress · 31 January 1991

Comprehensive Counter-Terrorism Act of 1991 - Title I: Punishing Domestic and International Terrorist Acts - Subtitle A: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder. Sets forth procedures for the imposition of the death penalty, including provisions with respect to notice by the Government that it intends to seek the death penalty if the defendant is convicted, the conduct of the sentencing hearing, a list of mitigating and aggravating factors to be considered, proof of such factors, the return of findings, and procedures for appeal and review of a sentence of death. Prohibits sentencing to death individuals who were under age 18 at the time of the offense, or carrying out a death sentence upon: (1) a woman while she is pregnant; (2) a person who is mentally retarded; or (3) a person who, as a result of mental disability, cannot understand the nature of the pending proceedings, what such person was tried for, or the reason for or nature of the punishment or who lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful or the ability to convey such information to counsel or to the court. Sets forth provisions: (1) authorizing a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate State or local facilities and employees to carry out such sentence and to pay costs in an amount approved by the Attorney General; and (2) prohibiting requiring any employee of a State department of corrections or the Federal Bureau of Prisons, or an employee providing services to such department or bureau under contract, as a condition of such employment or contractual obligation, to be in attendance at, or to participate in, any execution carried out under this Act. Subtitle B: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder. Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years imprisonment, a fine, or both.) Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act. Subtitle C: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad. Title II: Preventing Domestic and International Terrorist Acts - Subtitle A: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts. Subtitle B: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. Subtitle C: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Provides that the decision to grant or deny permanent resident status under this Act shall be at the discretion of the Attorney General and shall not be subject to judicial review. Title III: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Title IV: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Title V: Authorizations to Expand Counter-Terrorist Operations - Authorizes appropriations for counter-terrorist operations and programs.

To award a congressional medal in recognition of Edward Vernon ("Eddie") Rickenbacker.

United States · United States Congress · 30 January 1991

Authorizes the President, on behalf of the Congress, to present a gold medal to William F. Rickenbacker in recognition of Edward Vernon (Eddie) Rickenbacker's: (1) success as an internationally famous race car driver; (2) service in his country as a pilot (with the first U.S. flying unit to participate actively at the front during the First World War); (3) service as a commercial aviation pioneer; and (4) service to his country in the Pacific theater in the Second World War. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal at a price sufficient to cover costs.

To amend title 18, United States Code, to establish criminal penalties for failure to obey an order to land an aircraft issued by a Federal law enforcement officer enforcing controlled substances laws, and for other purposes.

United States · United States Congress · 29 January 1991

Amends the Federal criminal code to establish criminal penalties for failure to obey an order by a Federal law enforcement officer enforcing controlled substances laws to land an aircraft which has crossed the border with, or is subject to U.S. jurisdiction operating outside of, the United States. Authorizes a foreign nation to consent or waive objection to the United States enforcing U.S. laws by radio, telephone, or similar oral or electronic means. Specifies that an aircraft used in violation of this Act is: (1) liable in rem for a fine imposed under this Act; and (2) may be seized and forfeited. Makes laws relating to seizure and forfeiture for violation of customs laws, including defenses such as innocent owner provisions, applicable to aircraft seized or forfeited under this Act. Authorizes the Secretary of the Treasury and the Secretary of Transportation to delegate Federal law enforcement officer seizure and forfeiture responsibilities to other law enforcement officers. Amends the Federal Aviation Act of 1958 to require: (1) the immediate revocation of the aircraft registration when the pilot or operator of an aircraft intentionally fails to obey the order of an authorized Federal law enforcement officer to land; (2) the Administrator of the Federal Aviation Administration to notify the owner of the aircraft as soon as possible that the owner no longer holds U.S. registration for such aircraft; and (3) the Administrator to establish procedures for such owner to show cause why the registration was not revoked, as a matter of law, by operation of such provision, or why circumstances existed pursuant to which the Administrator should determine that it would be in the public interest to issue a new registration certificate to the owner, to be effective concurrent with the revocation. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests, and take other lawful action, relating to violations of U.S. laws occurring aboard an aircraft over the high seas or waters over which the United States has jurisdiction. Makes a master, operator, or person in charge of a vessel, or a pilot or operator of an aircraft, who intentionally fails to comply with an order of a Coast Guard commissioned officer, warrant officer, or petty officer to stop or land, liable for a civil penalty of up to $5,000. Amends the Tariff Act of 1930 to: (1) specify what constitutes an "authorized place" for purposes of customs enforcement provisions; and (2) make a pilot or operator of an aircraft who intentionally fails to comply with a customs officer's order to land an aircraft liable for a civil penalty of up to $5,000.

Comprehensive Counter-Terrorism Act of 1991

United States · United States Congress · 24 January 1991

Comprehensive Counter-Terrorism Act of 1991 - Title I: Punishing Domestic and International Terrorist Acts - Subtitle A: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder. Sets forth procedures for the imposition of the death penalty, including provisions with respect to notice by the Government that it intends to seek the death penalty if the defendant is convicted, the conduct of the sentencing hearing, a list of mitigating and aggravating factors to be considered, proof of such factors, the return of findings, and procedures for appeal and review of a sentence of death. Prohibits sentencing to death individuals who were under age 18 at the time of the offense, or carrying out a death sentence upon: (1) a woman while she is pregnant; (2) a person who is mentally retarded; or (3) a person who, as a result of mental disability, cannot understand the nature of the pending proceedings, what such person was tried for, or the reason for or nature of the punishment or who lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful or the ability to convey such information to counsel or to the court. Sets forth provisions: (1) authorizing a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate State or local facilities and employees to carry out such sentence and to pay costs in an amount approved by the Attorney General; and (2) prohibiting requiring any employee of a State department of corrections or the Federal Bureau of Prisons, or an employee providing services to such department or bureau under contract, as a condition of such employment or contractual obligation, to be in attendance at, or to participate in, any execution carried out under this Act. Subtitle B: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder. Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years imprisonment, a fine, or both.) Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act. Subtitle C: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad. Title II: Preventing Domestic and International Terrorist Acts - Subtitle A: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts. Subtitle B: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. Subtitle C: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Provides that the decision to grant or deny permanent resident status under this Act shall be at the discretion of the Attorney General and shall not be subject to judicial review. Title III: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Title IV: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Title V: Authorizations to Expand Counter-Terrorist Operations - Authorizes appropriations for counter-terrorist operations and programs.

Aviation Security Improvement Act of 1991

United States · United States Congress · 23 January 1991

Aviation Security Improvement Act of 1991 - Amends the Federal Aviation Act of 1958 to require the operator of each airport regularly serving an air carrier to use dogs in screening passengers and cargo for the purpose of detecting plastic explosives and other materials which may be used in aircraft piracy and which cannot be detected by metal detectors. Amends the Airport and Airway Improvement Act of 1982 to change from discretionary to mandatory the Secretary of Transportation's authority to provide grants for the training and evaluation of dogs for the Explosive Detection K-9 Team Training Program for detecting explosives at airports and aboard aircraft. Requires the Secretary to extend such program to the largest 50 airports, as determined by the number of passenger enplanements in 1990. Authorizes appropriations.

Airline Bankruptcy Passenger Protection Act of 1991

United States · United States Congress · 22 January 1991

Airline Bankruptcy Passenger Protection Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.

Veterans Benefits and Health Care Amendments of 1991

United States · United States Congress · 14 January 1991

Veterans Benefits and Health Care Amendments of 1991 - Title I: Compensation - Part A: Generally - Directs the Secretary of Veterans Affairs (VA) to increase the rates of, and limitations on, Department of Veterans Affairs disability compensation and dependency and indemnity compensation to coincide with benefit increases under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Requires such rate increases to be published in the Federal Register. Part B: Radiogenic Disabilities - Extends the presumption of service-connection, for purposes of eligibility for veterans' disability compensation, to cover members of the reserves who participated in a radiation-risk activity while serving on active duty for training or inactive duty for training. Amends Federal provisions relating to the payment of disability compensation due to certain diseases and disabilities presumed to be service-connected to remove the current limitation on the required manifestation period (either 40 or 30 years from the date on which a veteran last participated in a radiation-risk activity). Adds cancer of the salivary gland and cancer of the urinary tract to the list of diseases that will be presumed to be service-connected for purposes of such disability compensation. Requires the Secretary, within 210 days after enactment of this Act, to identify at least three military activities which likely would have exposed individuals to levels of ionizing radiation above background levels. Requires the Secretary to identify at least three additional activities by October 1 of FY 1991 through 1993. Requires the Secretary, immediately after identifying each additional activity, to direct the Veterans' Advisory Committee on Environmental Hazards to evaluate, make findings, and report on whether participation in such activities resulted in exposure comparable to that resulting from a radiation-risk activity as defined under current law. Requires the Secretary to list each such activity unless the Advisory Committee's report and all other evidence indicate that such activity did not result in comparable exposure to that of veterans participating in radiation-risk activities. Requires the Secretary to make certain reports. Part C: Agent Orange Exposure and Vietnam Service - Veterans' Agent Orange Exposure and Vietnam Service Benefits Act of 1991 - Establishes a presumption of service connection, for the purposes of eligibility for veterans' disability compensation, for each of the following diseases incurred by individuals who served in Vietnam during the Vietnam era, if such diseases become manifest to a disability degree of ten percent or more: (1) non-Hodgkins lymphoma; (2) each soft-tissue sarcoma; and (3) chloracne. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to a herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effect. Requires the organization to determine such association specifically with respect to lung cancer and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees (veterans' committees) regarding its determinations and evaluations. Requires such organization to determine, in the event of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when no such reasonable basis is found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations, if necessary. Requires benefits to be continued even though a disease is removed from the list of diseases having positive associations. Terminates such contracting authority ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides interim regulations and special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) are obtained by the VA in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) are likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the Office of Technology Assessment (OTA) before compiling and analyzing such information. Requires the Director of OTA to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of OTA if no agreement is made with NAS. Directs the Secretary to establish a program to provide for studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with NAS before undertaking such studies and requires NAS to review such studies and report recommendations to the Secretary and the veterans' committees to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to individuals listed in the Department of Veterans Affairs Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicides as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 1993, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Title II: Health Care - Part A: Mental Health - Authorizes the provision of health care and services for veterans of World War I or II, the Korean Conflict, the Vietnam Era, or any other area during a period in which hostilities occurred who have been diagnosed to be suffering from post-traumatic stress disorder (PTSD) related to such services even though such disorder has not been determined to be service-connected. Requires the VA to accomplish an evaluation of a veteran within seven days after referral of such veteran to a Department health-care facility from a Vet Center (a center for treatment of veterans with mental illness disabilities). Expands eligibility for readjustment counseling at Vet Centers to include veterans of wars prior to Vietnam and veterans of service in any areas in which U.S. personnel were subjected to danger from armed conflict comparable to that occurring in battle with an enemy during a period of war. Directs the Secretary to establish and operate up to five VA health-care facilities as centers of mental illness research, education, and clinical activities, taking into account appropriate geographic distribution of such facilities. Precludes the Secretary from designating any health-care facility as a center unless the facility has (or may reasonably be anticipated to develop): (1) an arrangement with an accredited medical school or graduate school of psychology which provides education and training in psychiatry and psychology through regular rotation through such center so as to provide training in the diagnosis and treatment of mental illness; (2) an arrangement under which nurses, social workers, or other allied health personnel receive education and training in mental health care through regular rotation through such facility; (3) the ability to attract the participation of scientists who are capable of ingenuity and creativity in research into the causes, treatment, and prevention of mental illness and into models for furnishing care and treatment to veterans suffering from mental illness; (4) a policymaking advisory committee to advise the directors of such facility and center on policy matters pertaining to the activities of such center; and (5) the capability to conduct effectively evaluations of the activities of such center. Authorizes appropriations. Declares that activities of clinical and scientific investigation at each center shall be eligible to compete for the award of funding from funds appropriated for the Department's medical and prosthetics research account and shall receive priority insofar as funds are awarded to projects for mental illness. Requires the Chief Medical Director (CMD) to ensure that: (1) research activities carried out through such centers include an appropriate emphasis on the psychosocial dimension of mental illness and on models for furnishing care and treatment to veterans suffering from mental illness; and (2) useful information produced by the centers is disseminated throughout the Veterans Health Services and Research Administration (HSRA). Requires the Secretary to submit to the veterans' committees an annual report on activities and effectiveness of the centers. Directs the Special Committee on Post-Traumatic Stress Disorder to submit to the Secretary and veterans' committees no later than February 15 of each of the years 1991 through 1993 a report on the Committee's evaluation of the results of a study required under the Veteran's Health Care Amendments of 1983 relating to the diagnosis and treatment of veterans suffering from PTSD. Directs the Secretary to comment to the veterans' committees concerning such report. Requires the Committee to update certain reports required of the Committee under the Veterans' Health Care Act of 1984 and requires the Secretary to comment to the veterans' committees concerning such updates. Directs the Secretary, in certain papers required to be submitted to the President annually, to identify the amounts in the appropriations requests for the VA that are estimated to be obligated for payments and treatments for veterans suffering from PTSD, and for education, training, research, and the operation of the National Center on Post-Traumatic Stress Disorder. Requires the Secretary to ensure to the extent practicable that there are Department PTSD treatment units in locations readily accessible to veterans residing in rural areas of the United States. Part B: General Health - Authorizes the VA to furnish wheelchairs, prosthetic devices, and other medically necessary supplies and services as part of veterans' outpatient care when necessary either to obviate the need for hospital admission or in preparation for hospital admission. Provides outpatient dental care when medically necessary in preparation for hospital admission or for a veteran otherwise receiving other outpatient care or services. Increases the maximum cost limitation for the provision of certain home health care services to disabled veterans. Makes permanent the program of community-based contract veterans' alcohol and drug treatment program (currently expires September 30, 1991). Extends through FY 1995 the authority to provide contract care to U.S. veterans in the Veterans Memorial Medical Center in the Philippines. Extends the authorization of appropriations for the upgrading and replacement of equipment and facilities for such Center through FY 1995. Decreases such annual authorization amount from $1,000,000 to $500,000. Earmarks the first $50,000 of grants appropriated to the Center for educating and training hospital personnel. Expands the current authority of the Secretary to acquire and provide housing for homeless veterans in order to allow entities to provide transitional housing for veterans recovering from substance abuse or mental illness disabilities. Extends such program through 1993. Establishes in the Treasury the Transitional Housing Fund for the provision of housing and loans to assist veterans in recovering from alcohol or drug dependence or abuse disabilities. Outlines loan conditions and conditions for veterans residing in housing provided. Requires the Secretary to issue guidelines for the operation of such residences. Requires the director of either each medical center or each regional office of the VA to make an assessment of the needs of homeless veterans living within the area served, including needs for health care, education and training, employment, shelter, counseling, and outreach services. Requires the director of each medical center to develop a plan for each of FY 1991 through 1993 for the provision of outreach and other services to meet the needs identified. Requires actions taken under such plans to be coordinated with other programs of the VA and Federal, State, or local governments. Requires the director to disseminate information regarding services provided to homeless veterans by the medical center or other facilities of the VA. Directs the Secretary to conduct a pilot program to determine the effectiveness of providing, through community-based organizations, domiciliary care (including medical services) to homeless veterans. Authorizes the Secretary to enter into contracts with community-based organizations for the provision of such care. Authorizes appropriations for FY 1991 through 1993. Authorizes the Secretary to reprogram certain previously-appropriated funds to such program if it is found to be effective. Authorizes the Secretary to accept donations of funds or services in order to expand the medical services provided to homeless veterans through the Department. Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to extend through FY 1993: (1) the authorization of appropriations for medical programs of the Department; (2) earmarked amounts for the conversion of unused space in urban VA facilities into domiciliary care beds for homeless veterans; and (3) earmarked amounts for the furnishing of care and services to homeless veterans who have chronic mental illness disabilities. Amends the Veterans' Benefits and Services Act of 1988 to extend its program for mentally ill homeless veterans. Extends through FY 1991 a pilot program under the Veterans' Benefits and Services Act of 1988 for the provision of mobile health-care clinics for the treatment of veterans residing at least 100 miles from a VA treatment facility. Requires the Secretary to establish the Advisory Committee on Prosthetics and Special-Disabilities Programs to advise the Secretary and the CMD on the coordination of VA and non-VA programs, and the adequacy of funding, for prosthetics and special disabilities programs administered by the Secretary. Requires a report. Includes within the definition of "medical services" for coverage under Federal veterans' benefits provisions services to achieve pregnancy in a veteran or a veteran's spouse when such services are necessary to overcome a service-connected disability impairing the veteran's procreative ability. Directs the CMD to appoint an advisory committee to advise the CMD on the exercise of authority to furnish such services. Authorizes use of the Special Therapeutic and Rehabilitation Activities Fund of the VA for the payment of travel and related expenses necessary for the training of employees in the administration of therapeutic and rehabilitative services. Directs the Secretary, during FY 1991-1995, to conduct a compensated work therapy and therapeutic residence pilot program (CWTTR). Directs the Secretary to establish nonprofit corporations for the making of contracts for conducting work therapy programs under the CWTTR program at no less than ten or more than 15 VA medical centers operating such programs. Requires the Secretary to be assured from a nonprofit corporation that it will operate a therapeutic residence for eligible veterans in conjunction with an existing compensated work therapy program at a medical center. Allows for the provision of in-kind services from the Secretary to the corporation, including technical and clinical advice, supervision of activities, and minor maintenance and repairs to a therapeutic residence. Authorizes the Secretary to lend amounts to a corporation in order to assist such corporations to lease or purchase property for use as therapeutic residential treatment centers. Provides loan limits and other administrative provisions concerning such loans. Directs the Secretary to transfer to the Veterans Health Services and Research Administration no less than ten residences acquired by the VA for use for such centers. Requires each such property to be leased to a nonprofit corporation for operation as a therapeutic residence under the pilot program. Outlines lease conditions and other administrative provisions concerning the establishment of nonprofit corporations for therapeutic residences. Requires each such corporation to submit to the Secretary annual reports providing a detailed statement of its operations, activities, and accomplishments during the preceding year. Requires the Secretary to report to the veterans' committees concerning each such corporation and its participation under the pilot program. Requires the Secretary, under the pilot program, to operate residences as therapeutic residences for the furnishing of transitional housing solely for veterans who are furnished compensated work therapy under applicable Federal law. Authorizes the Secretary to purchase, lease, or otherwise acquire residential housing for the purpose of furnishing such transitional housing for veterans being furnished compensated work therapy. Outlines the following conditions for the operation of such transitional housing: (1) that only qualified veterans and a house manager live in such residence; (2) that each resident (other than the house manager) pay the VA rent for the period of residence in such housing; (3) that, in the establishment and operation of such housing, the Secretary must comply with all local zoning, building, and other similar requirements; and (4) that the residence meet the State and community fire and safety requirements applicable to property used for similar purposes. Authorizes the Secretary to provide for free room and subsistence for a house manager. Requires the CMD to be responsible for the management, maintenance, and disposition of property acquired for such transitional housing. Authorizes the Secretary to dispose of such property when no longer used for such purpose. Authorizes appropriations. Requires the Secretary to report to the veterans' committees on the experience under the pilot program. Allows the Secretary to authorize the establishment of one or more nonprofit corporations to provide a flexible funding mechanism for the conduct of VA compensated work therapy programs for veterans (including homeless veterans) in such community or communities as the Secretary may designate. Requires such corporations to be established solely for such programs. Requires funds received by such a corporation for the conduct of such programs to be transferred to the Special Therapeutic and Rehabilitation Activities Fund. Outlines administrative provisions concerning the establishment and operation of each such nonprofit corporation, including provisions concerning: (1) the board of directors and executive officers; (2) general powers; (3) applicable State law; and (4) accountability and oversight. Requires the Secretary to report to the Congress no later than February 1, 1993, on the experience under the program. Prohibits the establishment of any nonprofit corporation for such purposes after September 30, 1993. Authorizes the use of the Special Therapeutic and Rehabilitation Activities Fund for the purchase of property to be used for transitional housing under this Act. Directs the Secretary to report to the veterans' committees the Secretary's evaluation, findings, and conclusions regarding the provision of such alternative noninstitutional care. Extends through FY 1995 the pilot program for the furnishing of preventive health-care services for veterans by the Secretary. Directs the Secretary to implement annually at each VA facility a major preventive health-care and health-promotion initiative for any veteran receiving other care and services administered through the Secretary. Limits expenditures for such programs and initiatives through FY 1995. Directs the CMD to designate an official in such Administration as the Director of Preventive Health-Care and Health-Promotion Programs. Requires such Director to prepare guidance regarding, to be responsible for coordinating and evaluating, and to advise the CMD on, all activities carried out under such programs and initiatives. Requires the Secretary to submit to the veterans' committees an interim and final report on experiences under the pilot program. Authorizes the Secretary to provide: (1) service dogs trained to assist quadriplegic individuals in the performance of daily living tasks to quadriplegic veterans who have a service-connected disability; and (2) signal dogs trained to provide hearing assistance to deaf persons to veterans having a service-connected hearing impairment and in need of such assistance. Authorizes the Secretary to pay travel to and from their homes incurred in becoming adjusted to such dogs. Directs the Secretary to report to the veterans' committees concerning a backlog that has occurred in the procurement of prosthetic appliances in FY 1989, for the failure to furnish certain other prosthetic appliances, and the actions planned by the Secretary to prevent a recurrence of such problem. Increases from $500 to $1,000 the total amount that may be expended on any veteran in a 12-month period for such services and treatment. Repeals the authority of the Secretary to furnish tobacco to veterans receiving hospital or domiciliary care. Directs the Secretary to establish a task force to recommend policies and legislation for the elimination of inconsistencies among provisions of law relating to veterans' eligibility for certain health-care benefits. Directs the Secretary to review the report submitted by the task force and either approve the recommendations for legislation contained therein or prepare alternative legislative proposals appropriate for the elimination of the inconsistencies identified by the task force. Requires a report to the veterans' committees concerning the recommendation of such legislative proposals. Directs the Secretary to provide Department-furnished outpatient medical services to any former prisoner of war for any disability. Part C: Health-Care Personnel - Veterans Health-Care Personnel Act of 1991 - Authorizes the payment of special pay on the same basis as that given to registered nurses to those health-care professionals who are furnishing direct care to patients or services incident to direct patient care. Increases the limitation on the amount authorized to be paid as special pay to certain individuals in the HSRA of the VA. Requires increases in such pay of a specified amount or more to be reported by the Secretary to the veterans' committees. Includes coverage of HSRA personnel under Federal employees' collective bargaining rights and procedures. Revises provisions concerning disciplinary actions and grievances within the HSRA. Directs the Secretary to establish and conduct a dependent care assistance program, which meets certain requirements of the Internal Revenue Code of 1986, for the care of dependents of employees of the HSRA. Requires such program to be implemented no later than June 1, 1991. Requires current representatives of the field of paramedics to assist in the establishment of cooperative arrangements to provide for the training of health and paramedical personnel in order to improve the manpower utilization of such personnel. Requires such arrangements to be implemented no later than February 1, 1991. Authorizes appropriations for FY 1991 through 1994 for making grants for such cooperative programs. Directs the CMD of the VA to conduct a pilot program at no less than five VA medical facilities during FY 1991 through 1993 in order to determine the effect on employees of VA pay and personnel management practices. Requires the CMD to establish certain alternative pay and personnel management practices, such as increasing certain pay differentials for day versus evening duty, utilizing registered nurses in new ways for the furnishing of direct patient care, and establishing a collaborative practice committee involving physicians, nurses, and other direct health-care personnel. Requires various reports between the CMD, the Secretary, and the veterans' committees relating to the results of such pilot program. Directs the Secretary to pay special incentive pay to psychologists employed within the HSRA. Requires psychologists receiving such special pay to hold diplomas in psychology from a recognized institution unless the Secretary determines that such psychologists are not needed to furnish appropriate psychological services for veterans. Outlines the educational and licensure requirements for social workers employed in the HSRA of the Department. Exempts individuals already employed by the Department of such capacity before the enactment of this Act from such requirements. Authorizes the Secretary to convert donated space in Department facilities for use as a child care center without reimbursement. Directs the Secretary to require each director of a Department medical center to: (1) assess the need of employees at such center for child-care services; and (2) submit an annual report to the Secretary containing the director's findings concerning such needs and a proposal of how such needs could be met. Requires the directors to consult with appropriate employee representatives in making such assessment. Part D: Special Pay for Physicians and Dentists - Department of Veterans Affairs Physicians' and Dentists' Compensation Act of 1991 - Revises provisions of Federal law relating to special pay for VA physicians and dentists. Authorizes the Secretary of VA, in order to recruit and retain highly qualified physicians and dentists, to provide special pay to such individuals under regulations prescribed by the Secretary after the Secretary has received the recommendations of the CMD. Conditions such special pay on the execution of a written agreement by the physician or dentist to perform a period of obligated service within the HSRA. Provides that such individual is not entitled to such special pay during the first three years of such service, except at the discretion of the CMD for full-time services. Prohibits special pay for those physician and dentist positions for which there is no significant recruitment and retention problem. Sets forth requirements of a written agreement, including provisions providing for: (1) a covered period of one to four years; (2) refunding of special pay for unfulfilled services; (3) the waiver of such refund requirement due to circumstances beyond the control of the physician or dentist; and (4) terms under which the Secretary and the physician or dentist may terminate the agreement. Directs the Secretary to provide special pay to eligible full-time physicians based upon specified factors, including: (1) tenure within the HSRA; (2) service in a medical specialty for which it is extremely difficult to recruit and retain qualified professionals; (3) service in certain executive positions; (4) specialty or board certifications; (5) service in a geographic location for which there are extraordinary difficulties in the recruitment or retention of qualified personnel; and (6) service by a physician with exceptional qualifications within a specialty. Requires all special pay for such full-time physicians to be personally approved by the CMD on a case-by-case basis. Sets forth conditions and limitations to the payment of such special pay. Directs the Secretary to provide special pay to part-time eligible physicians based upon similar factors. Requires the Secretary to pay each such physician an amount of special pay equal to the proportion of full-time service that physician performs. Directs the Secretary to provide special pay to eligible full-time and part-time dentists based upon similar factors. Prohibits a physician from receiving such special pay while also receiving special pay for serving in certain executive positions. Allows scarce specialty pay (another form of special pay that rewards scarce specialty areas of practice) for a physician or dentist serving as a chief of staff only if it is necessary to recruit or retain qualified physicians or dentists for such position and only if the CMD personally approves such specialty pay. Requires, with regard to the payment of special pay, determinations: (1) that there are extraordinary difficulties in recruitment or retention; and (2) of whether there are extraordinary difficulties in a specific geographic location in the recruitment or retention of qualified physicians or dentists. Sets forth considerations for determinations with respect to extraordinary recruitment and retention difficulties and the payment of special pay for individual medical facilities of the VA. Requires the director of an individual facility, in such a case, to recommend the payment of such special pay to the CMD and wait 45 days after which such pay would become effective unless disapproved by the CMD. Provides for delegation of the approval power of the CMD. Prohibits special pay from being paid to a physician or dentist who: (1) is employed on a less than half-time basis or on an intermittent basis unless the CMD determines it is the most cost-effective way of providing needed medical or dental services at a VA facility; (2) occupies an internship or residency training position; or (3) is a reemployed annuitant. Reinstates the payment of special pay under this Act for full-time physicians or dentists of the HSRA who had been receiving special pay under primary, full-time, and tenure categories before the authority for the payment of that special pay was repealed. Reinstates similarly the payment of special pay under the primary and tenure categories for part-time physicians and dentists of the HSRA. Outlines the manner in which special pay is to be considered for purposes of other benefits laws for Federal employees. States that it is the policy of the Congress to assure that total pay for HSRA physicians and dentists is comparable to total pay of other Government physicians and dentists and to the income of non-Federal physicians and dentists. Directs the Secretary: (1) in order to assist in implementing such policy, to obtain measures of income of such non-VA physicians and dentists and to define the bases for pay distinctions; (2) to report to the President quadrennially on appropriate amounts of special pay to HSRA physicians and dentists to carry out such policy; and (3) to report to specified congressional committees annually on the use of authorities under this title. Directs the Secretary to reimburse any full-time board-certified physician or dentist appointed in the HSRA for expenses incurred, up to $1,000 per year, for continuing professional education. Allows a physician or dentist within the HSRA who had previously received special pay under the full-time, primary, or tenure categories (repealed by this Act) and had elected not to have such pay treated as basic pay for purposes of retirement and annuity amounts to elect to treat the special pay provided under this Act as basic pay for such purposes. Title III: Education and Employment - Extends through 1993 the period in which a Vietnam era veteran will be considered as such for purposes of eligibility for job training, counseling, and placement services. Authorizes the Secretary of Labor to expand an employment and training program implemented under the Veterans' Benefits Amendments of 1989 in order to furnish employment and training information and services under such program in more than ten geographically dispersed areas of the United States. Requires the Secretary to make certain determinations with regard to the success of such program before undertaking such expansion. Requires the Secretary to report to the veterans' committees on such expansion. Requires the Secretary to utilize disabled veterans' outreach program specialists or local veterans' employment representatives and other resources in implementing such expansion. Makes persons receiving outpatient medical care or services pending discharge from active military service eligible for veterans' vocational rehabilitation if such persons are being treated at a hospital under contract or agreement with the Secretary of Defense. Extends by one year the period of automatic disenrollment for veterans' educational assistance benefits to allow for the filing of a claim for such benefits. Authorizes the Secretary of Veterans Affairs to enter into an agreement with an individual whereby the individual agrees to perform work-study service and the Secretary deducts the allowance otherwise payable to such individual from indebtedness resulting from any overpayment received by such individual under VA-administered education, rehabilitation, or training benefits. Authorizes the Secretary, in order to reduce or eliminate such individual's indebtedness, to waive certain work-study program eligibility requirements and limitations, as well as certain debt collection requirements. Prohibits such an agreement from continuing in force after the individual's debt has been liquidated. Requires the Secretary to compensate such an individual for work-study services performed after such debt has been liquidated. Authorizes the Secretary to approve the pursuit of flight training for an individual entitled to post-Vietnam era veterans' educational assistance if: (1) such training is necessary for the attainment of the individual's vocational objective; (2) the individual possesses a valid pilot's license and meets all medical requirements necessary for a commercial pilot's license; and (3) the flight school courses are approved by the Federal Aviation Administration and the State. Sets forth the amount of assistance and other conditions for such flight training, including receipt by the Secretary of a certificate from the individual and institution involved of the flight training completed and the tuition and other fees. Establishes within the Department of Labor the Advisory Committee on Veterans Employment and Training to: (1) assess the employment and training needs of veterans; (2) determine the extent to which programs and activities of the Department of Labor are meeting such needs; and (3) carry out necessary activities to make certain reports and recommendations required in this section. Directs the Secretary of Labor to consult with and seek the advice of the advisory committee with respect to the employment and training needs of veterans. Requires the advisory committee to report annually to the Secretary of Labor on the employment and training needs of veterans, including recommendations for legislation or administrative or other appropriate action. Requires the Secretary to transmit such annual reports to the Congress together with comments. Requires advisory committee appointments to be made within 60 days after enactment of this Act. Title IV: Housing - Makes permanent (currently ends September 30, 1990) the requirement for the VA to notify and counsel veterans about the impact of, and alternatives to, foreclosure when the veterans default on a VA-guaranteed home loan. Allows the VA to sell vendee loan assets (collateral) either: (1) with recourse; or (2) without recourse only if the amount received by the Department is at least equal to the unpaid balance of the loan. Extends through FY 1992 the authority for certain home loan lenders to review appraisals. Makes permanent certain current Federal provisions concerning default procedures and property management with regard to home loans guaranteed by the VA. Exempts individuals obtaining VA-guaranteed home loans from the requirement that individuals obtaining federally guaranteed loans of over $150,000 disclose their lobbying activities. Directs the VA, at the request of the Secretary of Housing and Urban Development, to issue certificates of veteran status to veterans seeking certain benefits under laws administered by HUD. Authorizes the VA to issue such certificates without reimbursement. Limits the time during which a veteran may apply for waiver of a home-loan debt to the one-year period following the date on which the VA notified the debtor of the indebtedness. Requires that debt notices for home-loan and non-home-loan debts inform the recipient of his or her right to apply for a waiver and the procedures for such application. Title V: Insurance - Increases from $10,000 to $20,000 the maximum amount of Service Disabled Veterans' Insurance available to those veterans who are eligible for a waiver of premiums due to total and permanent disability. Increases from $40,000 to $90,000 the maximum amount of Veterans' Mortgage Life Insurance available to veterans who have received a specially-adapted housing grant. Title VI: Minority Affairs - Amends the Department of Veterans Affairs Act to assign as one of the functions of the Assistant Secretary of Veterans Affairs the review and assessment of the effects of policies, programs, and activities of the VA on minority veterans and the monitoring of access of such veterans to services and benefits under laws administered by the VA. Defines "minority veterans" as veterans who are black, Native-American, Hispanic-American, Asian-American, Pacific Islander-American, or women. Reestablishes, as of October 1, 1990, the Advisory Committee on Native Americans. Requires reports from such Committee concerning the plight of Native Americans and their access to services and benefits of the VA. Terminates such Committee 90 days after their second report is transferred to the veterans' committees. Title VII: Miscellaneous - Defines "minor child" for purposes of eligibility for burial in national cemeteries as a child under 21 years of age or under 23 if the person is pursuing a course of instruction at an educational institution. Authorizes the Secretary to provide for flat grave markers in a section of the Florida National Cemetery that had installed preplaced grave liners as of a specified date. States that the prohibition on the payment of attorneys' fees in connection with VA benefits proceedings applies only where the individual is applying for such benefits, and not when the Government is proceeding against a person to collect an indebtedness or in cases in which other attorneys' fees statutes apply. Modifies certain administrative reorganization requirements within the VA. Authorizes the Secretary to enter into enhanced use agreements (a written agreement for the use of a VA facility consistent with the Department's mission in return for the payment of consideration to the VA) with respect to designated property and to direct the disposal of such property. Provides lease terms and other conditions with respect to such agreements. Requires the Secretary, before designating a property for an enhanced-use lease, to conduct local hearings to consider the proposed lease and its possible effects on the local community. Requires the veterans' committees to be notified of any such designation. Requires a specified notice to be published in the Federal Register. Allows the Secretary to initiate action for the disposal of leased property no longer needed by the VA to the lessee by requesting the Administrator of General Services to carry out a special disposition of such property. Requires notice of a special disposition to be provided to the veterans' committees and published in the Federal Register. Requires funds received by the VA under an enhanced-use agreement to be deposited into the nursing home revolving fund and administered as part of that fund. Outlines provisions concerning construction standards, exemption from State and local taxes, and limitations on the number of enhanced-use agreements. Terminates the authority to enter into such leases as of September 30, 1994. Makes standards relating to disqualification of Federal judges applicable to judges serving on the Court of Veterans Appeals. Makes all funds in the Department's Medical Care account exempt from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Extends from three to 12 months the period during which a veteran with no spouse or dependent children may be furnished domiciliary or nursing home care by the VA before such veteran's pension is reduced. Provides that, when a veteran's pension payments are so reduced, up to $10,000 of the benefits withheld shall be repaid to the veteran upon discharge. Increases from $1,500 to $6,000 the value of the estate allowed a hospitalized incompetent veteran without dependents before the VA suspends the veteran's compensation or benefits. Increases from $500 to $2,000 the amount to which an estate must be reduced before such benefits may be resumed. Prohibits the Secretary from delegating the functional and technical supervision of the performance of security and law enforcement functions within the VA to any official outside the Office of the Secretary. Requires the Secretary to report to the veterans' committees concerning security and law enforcement matters with the VA. Amends the Department of Veterans Affairs Act to increase the number of people authorized to be appointed by the Secretary to a commission formed for the purpose of selecting individuals for the position of the CMD whenever a vacancy in such position occurs.

To award a congressional gold medal to Joe Kittinger.

United States · United States Congress · 3 January 1991

Authorizes the President, on behalf of the Congress, to present a gold medal to Joe Kittinger in recognition of his accomplishments as an aviation pioneer. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.

Flight Attendant Duty Time Act

United States · United States Congress · 3 January 1991

Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees.

Airline Bankruptcy Passenger Protection Act of 1991

United States · United States Congress · 3 January 1991

Airline Bankruptcy Passenger Protection Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.

Aging Aircraft Safety Act of 1991

United States · United States Congress · 3 January 1991

Aging Aircraft Safety Act of 1991 - Directs the Administrator of the Federal Aviation Administration to promulgate a rule to assure the continuing airworthiness of aging aircraft. Requires the Administrator to make inspections, and conduct reviews of maintenance and other records, of passenger aircraft to determine the airworthiness of such aircraft. Requires inspections to be conducted as part of a heavy maintenance check, on or after the first day of the 15th year in which such aircraft is in service. Requires air carriers, at a minimum, to demonstrate to the Administrator that maintenance of the aircraft's structure, skin, and other age-sensitive components has been adequate to ensure the highest degree of safety. Directs the Administrator to establish certain aircraft maintenance safety programs, including one for the training of inspectors.