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Bill· SS. 244 (102nd)failed
United States · United States Congress · 23 January 1991
Puerto Rico Status Referendum Act - Title I - Requires an island-wide referendum to be held in Puerto Rico in which voters will be presented a choice of three status options for Puerto Rico as follows: (1) statehood; (2) independence; or (3) commonwealth. Specifies a date or time period during which such referendum must occur. Provides for a runoff referendum between the two status options which received the largest number of votes if there is not a majority in favor of one of the options. Requires such referendum to include "None of the Above" as an option. Requires the Governor of Puerto Rico to certify to the President and the Congress the results of the referendum. Authorizes any aggrieved person to institute an action to challenge the choice certified by the Governor. Gives a three-judge court exclusive jurisdiction over all such claims. Provides that an appeal from a final judgment of such three-judge court will lie to the U.S. Supreme Court by way of certiorari. Requires the Chairmen of specified congressional committees to introduce the appropriate title (II, III, or IV) of this Act to implement the status selected by the People of Puerto Rico. Declares that enactment of this Act constitutes a commitment by the Congress to implement the status receiving a majority. Makes the implementation legislation effective in accordance with its terms, and upon approval by the people of Puerto Rico in a ratification vote. Directs the Joint Committee on Printing to provide a Referendum Information Booklet to each voter household in Puerto Rico at least thirty days before such referendum. Authorizes appropriations. Title II: Statehood - Declares Puerto Rico, upon certification under title I of this Act, to be a State of the United States admitted into the Union on an equal footing with the other States effective January 1 of the 5th calendar year following such ratification. Provides that any lands and other properties that are set aside pursuant to law for the use of the United States shall remain the property of the United States. Requires each Federal agency having control over such lands or property retained by the United States to report to the President and the Congress concerning the continued need for such land or property. Provides for the election of U.S. Senators and Representatives. States that the office of Resident Commissioner shall cease to exist upon the swearing in of the first Member of the House. Increases the permanent membership of the House of Representatives to account for the additional Representatives from Puerto Rico. Continues in force all of the local territorial laws in force at the time of Puerto Rico's admission into the Union. States that all of the laws of the United States shall have the same force and effect within Puerto Rico as on the date immediately prior to the date of admission, with enumerated exceptions. Directs the President to appoint a Commission on Federal laws to survey U.S. laws and to make recommendations to the Congress as to which laws should be made applicable to Puerto Rico. Requires the Commission to report to the Congress on such recommendations. Authorizes appropriations. Provides for the continuation of civil causes of action and criminal offenses. Preserves the right of judicial review of final decisions of the U.S. District Court for the District of Puerto Rico or the Supreme Court of Puerto Rico. Reserves authority in the United States for the exercise by the Congress of the power of exclusive legislation over lands held by the United States for defense or Coast Guard purposes. States that Puerto Rico shall always have the right to serve civil or criminal process within such lands for acts committed within the State but outside such lands. Provides that no provision of this title will operate to confer, terminate, or restore U.S. nationality. Directs the heads of all Federal agencies to examine the application of all programs within their jurisdiction and to recommend to the President and to the Commission on Federal Laws necessary changes and additional administrative requirements to properly apply Federal laws in the new State. Provides that effective on the date of admission of Puerto Rico, all Federal programs which provide assistance to individuals shall apply in Puerto Rico as they apply within the several States. Sets forth procedures for distribution of certain entitlement benefits to individuals under specified Social Security, Supplemental Security Income, Food Stamp, and related programs. Provides that all Federal tax laws applicable to all other States shall be applicable to Puerto Rico on and after the date of its admission as a State of the Union. Continues the current Federal tax laws applicable to the Commonwealth of Puerto Rico until it becomes a State. Establishes a four-year transitional period for application of Federal income tax laws to Puerto Rico after its admission as a State. Excludes foreign sales corporations (FSCs) created or organized under Puerto Rican laws from such phase-in of Federal income tax laws during the transitional period. Imposes Federal employment, excise, estate, and gift taxes during the transitional period, in the same manner as if the Commonwealth of Puerto Rico were a State, according to a four-year phase-in schedule. Provides for a four-year phase-out of the special Puerto Rico and possession tax credit as it applies to Puerto Rico. Provides that all income and excise taxes collected under Federal internal revenue laws prior to admission of Puerto Rico as a State shall be covered into Puerto Rico's treasury. Prohibits the Legislature of Puerto Rico from imposing additional duties after the Statehood referendum is ratified. Phases out over a specified transitional period any imposed duties in effect before such ratification. Repeals provisions of Federal law with respect to imposing tariffs or duties on articles imported into Puerto Rico. Amends the Caribbean Basin Economic Recovery Act to eliminate the special treatment provided to Puerto Rico with respect to duty-free treatment of Puerto Rican articles imported into the United States. Title III: Independence - Requires the Legislative Assembly of Puerto Rico to provide for the election of delegates to a Constitutional Convention to serve until the proclamation of independence and to draft a Constitution for the Republic of Puerto Rico. Requires such Convention to draft a Constitution establishing a republican form of government which is required to guarantee the protection of fundamental human rights. Provides for the adjustment of U.S. property rights and for the ratification of the Constitution. Requires the Governor to issue a proclamation calling for the election of such officers of the Republic of Puerto Rico as may be required by the Constitution. Provides for a Joint Transition Commission which shall be responsible for expediting the orderly transfer of all functions currently exercised by the United States in Puerto Rico. Requires that the costs of the Transition Commission be evenly divided between the United States and Puerto Rico. Authorizes appropriations for the U.S. share of such costs. Directs U.S. agencies to provide technical assistance to the Commission on a reimbursable basis. Directs that any action arising from the title filed in U.S. Court be stayed and referred to the Joint Transition Commission for resolution. Directs the President, within one month of the certification of elected officers and approval of specified agreements, to: (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over Puerto Rico; and (2) recognize on behalf of the United States the independence of Puerto Rico. Vests all property, rights, and interest which the United States may have acquired over Puerto Rico, with an exception, in the Republic of Puerto Rico. Withdraws the application of all U.S. laws applicable to Puerto Rico immediately prior to independence. Requires Puerto Rico to recognize all orders and judgments rendered by U.S. or Commonwealth courts prior to independence. Declares that upon the proclamation of independence, the judicial power of the United States shall no longer extend to Puerto Rico. Provides for pending proceedings. Deems the Government of the Republic of Puerto Rico the successor to the Government of the Commonwealth of Puerto Rico. Directs the President to notify the Governments with which the United States is in diplomatic correspondence, the United Nations, and the Organization of American States that: (1) the United States has recognized the independence of Puerto Rico; and (2) all obligations and responsibilities of the U.S. Government which arise from any valid international instruments affecting Puerto Rico shall cease. Provides that all matters pertaining to Puerto Rican citizenship shall be regulated pursuant to the Constitution and laws of the Republic. States that upon the ratification under this Act, Puerto Rico shall no longer be deemed to be a part of the United States for the purposes of acquiring U.S. citizenship. States that no person born outside of the United States after such ratification shall be a U.S. citizen at birth if the parents of such person acquired U.S. citizenship solely by virtue of being born in Puerto Rico and whose principle residence continued to be Puerto Rico on or after the Proclamation, unless the parent at the time of such person's birth is a U.S. citizen employed by the Federal Government. Permits certain non-U.S. citizens to enter, lawfully engage in occupations, and establish residence as immigrants, in the United States. Requires that specific arrangements for the use of military areas by the United States in Puerto Rico be negotiated by a task force established by the Joint Transition Commission. Requires such arrangements to come into effect simultaneously with the proclamation of independence. Continues all Federal programs in Puerto Rico until the end of the fiscal year in which independence is proclaimed. Requires that specific arrangements for the continuation or phaseout of Federal programs be negotiated by a Task Force on Economic Assistance established by the Joint Transition Commission. Requires such arrangements to come into effect simultaneously with the proclamation of independence. Directs the Joint Transition Commission to establish a Task Force on Social Security to negotiate agreements necessary for the coordination of the U.S. social security system established by title II of the Social Security Act with a similar system to be established in the new Republic. Provides that such agreement shall: (1) protect the benefit rights of all individuals who have attained benefit eligibility under such title as of five calendar years subsequent to the ratification of this Act; and (2) provide appropriate credit for others who have contributed to such system. Ceases all programs operated under the Social Security Act in Puerto Rico at the end of the fiscal year in which independence is proclaimed. Requires that on December 31 of the year of such proclamation of independence issued under this Act: (1) any amounts remaining in the Unemployment Trust Fund allocable to Puerto Rico shall be transferred to the Republic of Puerto Rico; (2) the Republic of Puerto Rico shall cease to be treated as a State for purposes of Federal law relating to unemployment taxes or benefits; and (3) any person who is a U.S. citizen as described by this Act shall not be treated as an employee with regard to U.S. laws relating to unemployment taxes or benefits. Expresses the sense of the Congress that the United States should continue to maintain an open trading relationship with the Republic of Puerto Rico after a proclamation of independence is issued. States that the President should: (1) seek favorable treatment from other countries for exports from Puerto Rico; and (2) encourage other countries to maintain open trading relationships with Puerto Rico and to designate it as a beneficiary under any preferential trade arrangements. Directs the Joint Transition Commission to establish a Task Force on Trade to consider and develop the manner in which trade between the United States and the Republic of Puerto Rico will be governed following the Proclamation of Independence. Requires the Task Force to submit a report on its deliberations, along with its recommendations, to the President and to specified congressional committees. Applies a specified rate of duty of the Harmonized Tariff Schedule to products of the Republic of Puerto Rico entered or withdrawn from warehouse on or after the date of the proclamation of independence. Amends the Caribbean Basin Economic Recovery Act to include the Republic of Puerto Rico as a beneficiary country to receive duty-free treatment of its eligible articles. Authorizes the President to enter into a trade agreement with the Republic of Puerto Rico that provides for: (1) the reduction or elimination of any duty imposed by the United States; (2) the elimination of any other barriers; and (3) the establishment of a free trade area between Puerto Rico and the United States. Treats the Republic of Puerto Rico as a foreign country on and after the date of proclamation of independence, for purposes of Federal internal revenue laws. Phases out the Puerto Rico and possession tax credit with respect to income or investments from activity in Puerto Rico over a four-year transition period. Limits to certain bona fide individual residents of the Republic of Puerto Rico after its proclamation of independence the eligibility for tax exclusion of income from sources within Puerto Rico. Phases out over a five-year period the covering of certain taxes and customs duties into the treasury of Puerto Rico. Terminates the low-income housing credit with respect to Puerto Rico after ratification of this Act. Continues tax-exempt status for interest on bonds issued by Puerto Rico or its local governments on or before (but not after) the last day of the fifth calendar year beginning after such ratification. Prescribes certain gift tax rules for certain property transfers by a resident of Puerto Rico before the date of proclamation of independence. Directs the Commission to establish a Task Force on Currency and Finance to negotiate an agreement to: (1) assist Puerto Rico in the design and establishment of a deposit insurance system; (2) determine the extent of financial support to be provided for the system by U.S. insurance organizations in which Puerto Rico's financial institutions currently participate; and (3) make the necessary arrangements with respect to the use of U.S. currency by Puerto Rico if requested by Puerto Rico. Maintains until maturity the guarantees provided by the U.S. Government to investors in the secondary market for existing loans which originated in Puerto Rico. Requires the Republic of Puerto Rico to assume the outstanding debts, liabilities, and obligations of the Commonwealth of Puerto Rico and its municipalities and instrumentalities. Title IV: Commonwealth - Makes this title effective upon the ratification of the Commonwealth under this Act. States that Puerto Rico is a unique juridical status, created as a compact between the People of Puerto Rico and the United States, and enjoys the sovereignty provided by the tenth amendment to the U.S. Constitution with autonomy consistent with its character, culture, and location. Makes this relationship permanent unless revoked by mutual consent. Allows the Governor of Puerto Rico to certify that the Puerto Rico legislature has adopted a resolution that states that a Federal law should no longer apply to Puerto Rico because there is no overriding national interest in having such law apply to Puerto Rico. Provides that a Federal law so certified shall no longer apply to Puerto Rico if a joint resolution approving the recommendation of the Puerto Rican Government is enacted. Sets forth procedures for consideration of such joint resolution. Authorizes the Governor of Puerto Rico to enter into international agreements to promote the international interests of Puerto Rico as authorized by the President. Details procedures for agencies to follow with respect to rulemaking and in carrying out their duties. Provides for judicial review of such rulemaking decisions. Excludes any rule issued relating to legislative matters within the jurisdiction of the Senate Committee on Finance or the Senate Committee on Agriculture, Nutrition, and Forestry. Directs the officials of the Departments of State and Transportation to seek the advice of appropriate officials of Puerto Rico when negotiating any air transportation agreements which would affect air traffic to or from Puerto Rico. Amends the Caribbean Basin Economic Recovery Act to maintain present law with respect to Puerto Rico's special trade arrangements relating to coffee and treatment under the Caribbean Basin Initiative. Includes Puerto Rico as an insular area for purposes of provisions for the consolidation of Federal grants to such areas. Excludes any programs established or operated under the Social Security Act or the Food Stamp Act of 1977 from such a grant consolidation for Puerto Rico. Sets forth procedures for distribution of certain entitlement benefits to individuals under the Food Stamp program. Requires the heads of Federal agencies to consult with the Governor of Puerto Rico as to whether there are special circumstances or qualifications which should be considered in making appointments to specified positions. Requires the President, prior to nominating any person to serve in Puerto Rico whose appointment requires the advice and consent of the Senate, to consult with the Governor as to whether such circumstances or qualifications should be considered in deciding on a nomination. Makes consultation requirements inapplicable with respect to U.S. armed forces, Coast Guard, and law enforcement agency positions. Establishes the Office of Senate liaison for the Commonwealth of Puerto Rico. States that the purpose of such office shall be to facilitate the exchange of information between the Senate and the Puerto Rican Government. Authorizes appropriations for such Office. Directs the Secretary of State to establish a Passport Office for the Caribbean in San Juan, Puerto Rico. Directs the Secretary and the Attorney General to consult with Puerto Rico's Governor to determine what administrative actions can be taken to expedite the processing of visas. Requires the Secretary and Attorney General to report to the Congress on such consultations by March 15, 1993. Sets forth provisions with respect to antitrust laws and the development of voluntary guidelines designed to alleviate the negative impact of violence, sexually explicit material, and illegal drug use in telecast material and to promote local programming in Puerto Rico. Directs the President to report to the Congress on seven specified Federal properties. Requires such report to include an assessment of: (1) the Federal need for each property; (2) the costs and/or benefits of disposal of each property; and (3) the comments of the Puerto Rican Government regarding each property. States that, unless the President finds that there is a national interest which requires continued Federal ownership, such properties should be transferred to Puerto Rico. Establishes the San Juan National Historic Site Advisory Commission. Requires the Commission to regularly advise the Secretary of the Interior on the operation, management, and administration of the San Juan National Historic Site. Waives the renewal provision of the Federal Advisory Committee Act with respect to the Commission. Requires the Commission to report annually to the Secretary and specified congressional committees. Revises the application of the Puerto Rico and possession tax credit to domestic corporations that derive a portion of gross income from the active conduct of a trade or business within a possession of the United States. Reduces the amount of taxes and customs duties covered into the Puerto Rican treasury according to a specified schedule following ratification of this Act. Continues current social welfare benefit programs in Puerto Rico during the first calendar year following ratification for commonwealth. Requires the Secretary of Health and Human Services, beginning on January 1 of the second calendar year after such ratification, to withhold payments to the Commonwealth of Puerto Rico, under specified provisions of the Social Security Act, unless certain defined conditions are met. Establishes procedures for the operation of other entitlement programs after Puerto Rico becomes a Commonwealth.
Bill· HJRESH.J.Res. 89 (102nd)referred
United States · United States Congress · 23 January 1991
Constitutional Amendment - Grants the President line item veto authority with respect to appropriations legislation, except for any item of appropriation for the national defense, as determined by legislation enacted by the Congress.
Bill· HJRESH.J.Res. 86 (102nd)referred
United States · United States Congress · 22 January 1991
Constitutional Amendment - Declares that the right to life vests in a human being from the moment of fertilization.
Bill· HJRESH.J.Res. 84 (102nd)referred
United States · United States Congress · 22 January 1991
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for such act.
Bill· HJRESH.J.Res. 85 (102nd)referred
United States · United States Congress · 22 January 1991
Constitutional Amendment - States that Federal judges (including Supreme Court justices): (1) shall be appointed to six-year terms; and (2) may not serve for more than 12 years.
Bill· HJRESH.J.Res. 83 (102nd)referred
United States · United States Congress · 18 January 1991
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of physical desecration of the U.S. flag and to set criminal penalties for such act.
Bill· HJRESH.J.Res. 81 (102nd)referred
United States · United States Congress · 18 January 1991
Constitutional Amendment - Proclaims the English language to be the official language of the United States. Prohibits the United States or any State from requiring the use of any other language. Declares that this article shall not prohibit educational instruction in a language other than English for the purpose of making students proficient in English. Authorizes the Congress and the States to enforce this article by appropriate legislation.
Bill· SJRESS.J.Res. 41 (102nd)referred
United States · United States Congress · 16 January 1991
Constitutional Amendment - Requires the Congress prior to each fiscal year to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
Bill· SS. 214 (102nd)referred
United States · United States Congress · 15 January 1991
Constitutional Convention Implementation Act of 1991 - Sets forth procedures for holding constitutional conventions for proposing amendments to the Constitution. Specifies general rules for State applications for such conventions. Provides a procedure for the Congress to adopt a concurrent resolution calling for a convention whenever it determines that at least two-thirds of the States have submitted within a seven-year period valid applications for the calling of a constitutional convention. Requires that the convention be convened within eight months of the adoption of the resolution. Entitles each State to two delegates on an at-large basis and one delegate from each congressional district. States that no Senator, Representative, or other person holding office under the United States shall be elected as a delegate. Requires the District of Columbia to elect as many delegates as the number of Senators and Representatives to which it would be entitled in the Congress if it were a State. Provides that the President pro tempore of the Senate and the Speaker of the House of Representatives shall convene the convention. Authorizes appropriations for the payment of convention expenses. Authorizes the convention to conduct proceedings in accordance with such rules as it may adopt by a vote of three-fifths of the number of delegates who have subscribed to the oath of office. Prohibits such convention from proposing any amendment of a subject matter different from that stated in the concurrent resolution. Requires the presiding officer of the convention to submit any proposed amendment to the Congress. Provides that an amendment shall become valid when ratified by three-fourths of the States. Permits a State to rescind its ratification, except when valid ratifications by three-fourths of the States exist. Entitles any State aggrieved by any congressional determination regarding its application for a convention or its ratification of a proposed amendment, or by any failure of the Congress to make such a timely determination, to bring an action in the Supreme Court for relief.
Bill· SJRESS.J.Res. 37 (102nd)referred
United States · United States Congress · 15 January 1991
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Exempts from applicability of this amendment laws permitting medical procedures required to prevent the death of the mother.
Bill· SS. 198 (102nd)referred
United States · United States Congress · 14 January 1991
Requires U.S. coins to be redesigned, at the discretion of the Secretary of the Treasury, over the next six years. Requires the reverse side of the first coin redesigned to commemorate the bicentennial of the Bill of Rights of the U.S. Constitution for a two-year period. Provides that the design on the obverse side of U.S. coins shall contain the likenesses of those displayed on current coins and shall be considered for redesign. Requires any such obverse redesigns to conform to the inscription requirements of current law. Requires the Secretary, in selecting new designs, to consider specified constitutional concepts. Requires the designs to be selected by the Secretary upon consultation with the United States Commission of Fine Arts. Requires that any profits from the sale of uncirculated and proof sets of U.S. coins be deposited in the Treasury and used solely to reduce the national debt.
Bill· SS. 149 (102nd)referred
United States · United States Congress · 14 January 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 an exception.
Bill· SS. 105 (102nd)referred
United States · United States Congress · 14 January 1991
Drug Kingpin Death Penalty Act - Provides for imposition of the death penalty for those: (1) subject to mandatory life imprisonment for committing a Federal drug felony as part of a continuing criminal enterprise; (2) convicted of committing such a felony as part of a continuing criminal enterprise where the defendant is a principal administrator, organizer, or leader of such an enterprise and, in order to obstruct the investigation or prosecution of the enterprise, attempts or conspires to kill any public officer, juror, witness, or family or household member of such a person; and (3) who, intending to cause death or acting with reckless disregard for human life, engage in a Federal drug felony resulting in the death of another person. Sets forth mitigating factors (such as whether the defendant's mental capacity to appreciate the wrongfulness of his or her conduct or to conform such conduct to the requirements of the law was significantly impaired, the defendant was under unusual or substantial duress, or the defendant was an accomplice whose participation in the offense was relatively minor) and aggravating factors (such as prior convictions of offenses for which a death sentence or life imprisonment was authorized, prior convictions of two or more violent or drug offenses, certain weapons offenses, the use of minors in trafficking, and lethal adulteration of a controlled substance) in determining whether a sentence of death is justified. Sets forth procedures for a special hearing to determine whether a sentence of death is justified. Requires the court to instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or any victim. Requires the court to impose a sentence of death if the jury (or if there is no jury, the court) returns a recommendation of the death penalty. Sets forth procedures for review and implementation of a sentence of death. Specifies that: (1) a sentence of death may not be carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed or upon a pregnant woman; and (2) no employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required to participate in any execution if contrary to such employee's moral or religious convictions. Provides for appointment of counsel in Federal capital cases for indigent defendants. Sets standards for competence of counsel. Specifies that Federal law does not create appointment of counsel requirements in State capital cases other than those imposed by the Constitution. Specifies that appointment of counsel in the Federal habeas corpus review of State capital cases is discretionary.
Bill· SS. 45 (102nd)open
United States · United States Congress · 14 January 1991
Jena Band of Choctaw Recognition Act - Extends Federal recognition and associated services and benefits to the Jena Band of Choctaws of Louisiana. Directs that the Tribe be governed by an Interim Council until the Secretary of the Interior, upon the written request of the Council, conducts an election to adopt a constitution for the Tribe and elect tribal officials.
Bill· SS. 15 (102nd)open
United States · United States Congress · 14 January 1991
Violence Against Women Act of 1991 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1991 - Subtitle A: Federal Penalties for Sex Crimes - Amends Federal law to require the U.S. Sentencing Commission to create or amend guidelines to provide for: (1) up to twice the term of imprisonment or fine for violation, after the first conviction, of Federal laws relating to sexual abuse or similar laws of any State or foreign country; and (2) minimum or increased maximum sentences for rape, aggravated rape, or statutory rape. Requires that a court order restitution for violations of such Federal sexual abuse laws. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crime Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Requires that the grants be used for personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women. Authorizes the Director to make grants to States, for use by States and their subdivisions, to be used for the same purposes as the high intensity area grants and to reduce the the rate of violent crimes against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Authorizes the Director, in addition to the grants under this subtitle, to direct any Federal agency, with or without reimbursement, to use its authorities and resources in support of State and local assistance efforts. Authorizes appropriations. Subtitle C: Safety for Women in Public Transit and Public Parks - Directs the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Sets the Federal share of each project at 90 percent of the net cost. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. Amends the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System (NPS). Provides for compilation of a list of areas within the NPS with the highest rates of violent crime. Allows funds to be used, around public parks and recreation areas, for increasing lighting, providing emergency phone lines, increasing security or law enforcement personnel, and any other project to increase security and safety. Amends the Land and Water Conservation Act of 1965 to direct the Secretary of the Interior to provide grants for capital improvements and other measures to increase safety in public parks and recreation areas. Subtitle D: National Commission on Violent Crime Against Women - Establishes the National Commission on Violent Crime Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Authorizes appropriations. Terminates the Commission after submission of its final report, subject to extension by the President for up to one more year. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, notwithstanding any other provision of law and in criminal cases other than a sex offense case, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Makes reputation or opinion evidence of the plaintiff's past sexual behavior, notwithstanding any other provisions of law, inadmissable in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Defines actionable sexual misconduct to include sex harassment or discrimination claims under title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 and gender bias claims under title III of this Act. Makes evidentiary rulings made under specified Federal Rules of Evidence relating to sex offense cases and the relevance of a victim's past behavior subject to interlocutory appeal by the Government or by the alleged victim. Allows the alleged victim to waive those rules if the prosecution seeks to offer evidence of prior sexual history. Makes evidence of an alleged victim's clothing, notwithstanding any other provision of law and in a criminal case under Federal laws relating to sexual abuse, inadmissable to show the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act (PHSA) to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. Authorizes appropriations. Removes a requirement that a minimum amount from the block grants under the PHSA be allotted to States on the basis of population. Removes provisions allowing a State to use amounts paid to the State under block grant provisions and amounts transferred by the State to provide services to rape victims and for rape prevention. Requires grant recipients under this title to incur the full cost of forensic medical exams for victims of sexual assault. Title II: Safe Homes for Women - Safe Homes for Women Act of 1990 - Subtitle A: Interstate Enforcement - Provides for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who travels or causes another (including the intended victim) to travel across State lines or in interstate commerce with intent to injure a spouse or intimate partner and who, during the travel or thereafter, injures his or her spouse or intimate partner in violation of a criminal law of the State where the injury occurs, or in violation of a State protection order. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Makes a protection order issued against a person who filed a written pleading for protection not entitled to full faith and credit if no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order or, if a cross or counter petition was filed, the court did not specifically find each party entitled to such an order. Subtitle B: Arrest in Spousal Abuse Cases - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary of Health and Human Services to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize and coordinate police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; and (3) educate judges to improve judicial handling of cases. Directs the Secretary to delegate to the Attorney General responsibility to carry out these provisions. Authorizes appropriations. Subtitle C: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act, earmarking at least 85 percent of funds appropriated for State demonstration grants to prevent family violence and provide immediate shelter and related assistance. Limits the percentage which may be used to carry out public information campaigns under provisions of subtitle D of this title. Subtitle D: Family Violence Prevention and Services Act Amendments - Allows demonstration grants to be used to increase public awareness about, as well as to prevent, family violence. Authorizes the Secretary to make grants for public information campaigns regarding domestic violence. Requires each State, in order to be eligible for the grants, to establish a Commission on Domestic Violence to examine matters such as arrest, prosecution, sentencing, restitution, and reporting. Directs (currently, authorizes) the Secretary to make a specified percentage (currently, no specified percentage) available for demonstration grants to Indian tribes. Removes the limit on the aggregate amount of grants to any single entity. Revises requirements regarding the local share of program costs for grants to entities other than States or Indian tribes. Increases the percentage of funds required to be used for shelter and related assistance for victims of family violence and their dependents. Allows law enforcement training grants to be made under existing provisions only to private nonprofit organizations with experience in providing training and technical assistance to law enforcement personnel on a national or regional basis. Directs the Secretary to make grants to at least ten States to assist in becoming model demonstration States and in improving State leadership concerning: (1) increasing prosecutions for domestic crimes; (2) encouraging reporting of domestic violence; and (3) facilitating arrests and aggressive prosecution policies. Sets forth requirements for being designated a model State. Authorizes appropriations. Directs the Secretary to delegate responsibilities under these provisions to the Attorney General. Directs the Secretary to make grants or contracts for the establishment and maintenance of six national resource centers to provide training and technical assistance to State, Indian tribal, and local domestic violence programs and to other professionals who provide services to domestic violence victims. Subtitle E: Youth Education and Domestic Violence - Directs the Secretary of Education to develop three separate model programs for education of young people about domestic violence and violence among intimate partners, with one program for each of primary and middle schools, secondary schools, and institutions of higher education. Authorizes appropriations. Subtitle F: Confidentiality for Abused Persons - Requires the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses. Title III: Civil Rights - Declares that all persons within the United States shall have the same rights, privileges, and immunities in every State as are enjoyed by all other persons to be free from crimes of violence motivated by the victim's gender (defined as any crime of violence, including rape, sexual assault, sexual abuse, abusive sexual contact, or any other crime of violence committed because of or on the basis of gender). Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of the rights, privileges, and immunities secured by the Constitution and laws as enumerated by this Act liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, or other relief as the court deems appropriate. Amends the Civil Rights Attorney's Fees Awards Act of 1976 to allow the awarding of attorney's fees in actions to enforce this title. Title IV: Safe Campuses for Women - Safe Campuses for Women Act of 1990 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make, on a competitive basis, grants to and contracts with institutions of higher education for rape education and prevention programs. Requires that the grants be used to educate and provide support services to student victims of rape or sexual assault, with 25 percent of the funds available for model demonstration programs for rape prevention and education curricula and for local programs to provide services to student rape victims. Authorizes appropriations to carry out title X (Fund for the Improvement of Postsecondary Education) of the Act. Amends the Crime Awareness and Campus Security Act of 1990 to add sexual assault to the list of criminal offenses about which statistics must be disclosed by institutions participating in certain programs. Title V: Equal Justice for Women in the Courts Act of 1990 - Equal Justice for Women in the Courts Act of 1991 - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires the State Justice Institute to expend at least: (1) 40 percent of appropriated funds on programs regarding domestic violence; and (2) 40 percent on programs regarding rape and assault. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Directs the Federal Judicial Center to study and report on the nature and extent of gender bias in the Federal courts. Requires the Center to develop and disseminate model programs to be used in training Federal judges and court personnel in the laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires between 25 and 40 percent of such funds to be used for the study required by this subtitle.
Bill· SS. 151 (102nd)referred
United States · United States Congress · 14 January 1991
Exclusionary Rule Limitation Act of 1991 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the search or seizure was undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief (unless the warrant was obtained through intentional and material misrepresentation). States that, except as provided by statute or a rule of procedure, evidence which is otherwise admissible shall not be excluded on the ground that the evidence was obtained in violation of a law, rule, or regulation.
Bill· SS. 18 (102nd)referred
United States · United States Congress · 14 January 1991
Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for specified 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 participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; (3) attempted to kill the President of the United States; or (4) 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 under 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 not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. 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. Provides for the appointment of counsel in Federal capital cases where the defendant is or becomes financially unable to obtain adequate representation. Sets standards for the competence of counsel in death penalty cases. Precludes consideration of claims of ineffectiveness of counsel in specified circumstances. Provides for a mandatory stay of execution during post-conviction review. 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; (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 Supreme Court recognition of a new fundamental right that is retroactively applicable, or 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. 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); and (8) engaging in a criminal enterprise activity which results in death. Sets forth provisions authorizing the death penalty or lesser penalties for genocide, killings of court officers or jurors, and retaliatory killings of witnesses, victims, and informants. Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty for certain continuing criminal enterprise drug offenses. Sets forth aggravating factors to be considered by the jury or the court when imposing sentence.
Bill· SS. 19 (102nd)referred
United States · United States Congress · 14 January 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 defendants subject to capital punishment and 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 title. Sets forth procedures for the appointment of counsel. 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; (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 Supreme Court recognition of a new fundamental right that is retroactively applicable, or 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 filing of any successive petition for a writ of habeas corpus is authorized by the appropriate court of appeals and 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 newly discovered facts are not based upon opinion evidence which would be sufficient to undermine the court's confidence in the validity of the death sentence. 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 an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this title shall provide for: (1) counsel to indigents charged with offenses for which capital punishment is sought, to those who have been sentenced to death and who seek appellate or collateral review in State court, and to those who have been sentenced to death and seek certiorari review in the U.S. Supreme Court; and (2) the entry of an order of a court of record appointing one or more counsel to represent the prisoner except upon a judicial determination (after a hearing, if necessary) that the prisoner is not indigent or knowingly waives the appointment of counsel. Requires at least one attorney appointed pursuant to this title before trial and one appointed after trial, if applicable, to be certified by a statewide certification authority, with exceptions. Authorizes the States to elect to create between one and three certification authorities (i.e., a special committee constituted by the State court of last resort or by State law, a capital litigation resource center, or a statewide defender organization) to: (1) certify attorneys qualified to represent persons charged with capital offenses or sentenced to death; (2) draft and annually publish procedures and standards by which attorneys are certified and rosters of certified attorneys; and (3) periodically review the roster of certified attorneys, monitor the performance of all attorneys certified, and withdraw certification from any attorney who fails to meet high performance standards or to demonstrate continuing competence to represent prisoners in capital litigation. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Directs the court to fix the compensation to be paid to an attorney appointed under this title. Specifies which law controls in Federal habeas corpus proceedings. Sets forth habeas corpus time requirements. Specifies that an applicant for habeas corpus in a capital case shall be deemed to have exhausted the remedies available in the courts of the State when he has exhausted any right to direct appeal in the State.
Bill· SJRESS.J.Res. 35 (102nd)open
United States · United States Congress · 14 January 1991
Constitutional Amendment - Declares that the Congress has the power to set reasonable limits on campaign expenditures by, in support of, or in opposition to any candidate in any primary or other election for Federal office. Declares that the States have such power with respect to State or local elections.
Bill· SJRESS.J.Res. 18 (102nd)reported
United States · United States Congress · 14 January 1991
Constitutional Amendment - Prohibits fiscal year Federal outlays (except those for repayment of debt principal) from exceeding receipts (except those derived from borrowing), unless three-fifths of both Houses of Congress (by roll call vote) provide for a specific excess. Directs the President, prior to each fiscal year, to transmit to the Congress a proposed budget in which outlays do not exceed receipts. Declares that any bill to increase revenue shall become law only if approved by a majority of each House by a roll call vote, unless such bill is approved by unanimous consent. Authorizes a waiver of these provisions when a declaration of war is in effect.
Bill· SJRESS.J.Res. 5 (102nd)failed
United States · United States Congress · 14 January 1991
Constitutional Amendment - Prohibits fiscal year Federal outlays (except those for repayment of debt principal) from exceeding receipts (except those derived from borrowing), unless the Congress authorizes a specific excess by a three-fifths vote of both Houses. Directs the President to submit to the Congress prior to each fiscal year a proposed budget that meets this standard. Authorizes the Congress, upon the request of the President, to waive these provisions when a declaration of war is in effect.
Bill· SJRESS.J.Res. 17 (102nd)referred
United States · United States Congress · 14 January 1991
Constitutional Amendment - Requires any Federal official appointed by the President with the advice and consent of the Senate, upon conviction of a felony, to forfeit office.
Bill· SJRESS.J.Res. 14 (102nd)referred
United States · United States Congress · 14 January 1991
Constitutional Amendment - Grants the President line item veto authority with respect to any item of appropriation in an Act or joint resolution.
Bill· SJRESS.J.Res. 9 (102nd)referred
United States · United States Congress · 14 January 1991
Constitutional Amendment - Prohibits fiscal year Federal outlays (except those for repayment of debt principal) from exceeding receipts (except those derived from borrowing), unless the Congress authorizes a specific excess by a three-fifths vote of both Houses. Permits any bill for raising taxes to become law only if a majority of the whole number of both Houses of Congress approves it by roll call vote. Authorizes a waiver of these provisions when a declaration of war is in effect.
Bill· SJRESS.J.Res. 19 (102nd)referred
United States · United States Congress · 14 January 1991
Constitutional Amendment - Requires the Congress prior to each fiscal year to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits any increase in the public debt unless three-fifths of both Houses of the Congress enacts legislation permitting otherwise. Permits any revenue-increasing bill to become law only if approved by a majority of the whole number of both the Senate and the House of Representatives by rollcall vote. Directs the President to submit a balanced budget to the Congress. Authorizes an alternative budget in which total outlays exceed receipts, if accompanied by an explanation of the need for the excess. Waives these provisions automatically when a declaration of war is in effect. Authorizes their waiver during other military conflicts, but only by joint congressional resolution that becomes law.
Bill· SJRESS.J.Res. 15 (102nd)referred
United States · United States Congress · 14 January 1991
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. States that no person shall be required by the United States or any State to participate in prayer. Provides that neither the United States nor any State shall compose prayers to be said in public schools.
Bill· SJRESS.J.Res. 10 (102nd)referred
United States · United States Congress · 14 January 1991
Expresses U.S. policy: (1) to maintain a strong military establishment to protect this nation from military attack; (2) to rely first on the moral force of a united world embodied in the United Nations (UN), using its military might to assure compliance with noncombatant UN sanctions, and resorting to war only as a last resort; (3) to take all corrective action necessary to redress, rectify, or prevent: occupation and seizure of another nation by military aggression; an aggressor nation profiting from its aggression; hostage taking; the violation of foreign embassies; the manufacture or possession of weapons of mass destruction prohibited by treaty, by the norms of decency, or by UN declaration; the assumption of authoritarian governmental powers; and any other actions threatening the stability and peace of a neighboring state or region; and (4) that its first response to such violations shall be the isolation of the offending nation by the unilateral imposition of sanctions and by the promotion of similar sanctions by the UN. Approves and reconfirms the conditions imposed by the UN for the lifting of the embargo against Iraq (i.e., the freeing of all hostages, the complete removal of the Iraqi presence in Kuwait, the restoration of the legitimate Kuwait Government, and the return of compensation for all Kuwaiti property appropriated, damaged, or destroyed). Urges adoption by the UN of two additional conditions: (1) that the Iraqi Government destroy all chemical, biological, and nuclear weapons and all means of manufacturing such weapons and agree to UN on-site verification; and (2) that the independence of the Iraqi parliament be restored and free elections be monitored by the UN. Declares that the Congress has the exclusive responsibility under the Constitution to declare war and that offensive Iraqi military action against Iraq is clearly "war" as contemplated by the Constitution. Directs that the authorities exercised by the President in carrying out the UN embargo against Iraq (as an alternative to the use of offensive military force) remain in force until full compliance by Iraq with UN Security Council resolutions, or until at least January 1, 1992, whichever comes first. Prohibits offensive military action against Iraq before January 1, 1992, unless Iraq takes significant military or other action that endangers the lives of residents or troops in other countries. Requires that, in the event of Iraqi noncompliance by such date, the policy regarding the use of military force be reevaluated by the U.S. Government in concert with the UN Security Council.
Bill· SJRESS.J.Res. 11 (102nd)referred
United States · United States Congress · 14 January 1991
Constitutional Amendment - Grants the President line item veto power with respect to any item of spending authority in a bill (including any vote, resolution, or order that contains such item).
Bill· SJRESS.J.Res. 7 (102nd)referred
United States · United States Congress · 14 January 1991
Constitutional Amendment - Prohibits fiscal year Federal outlays (except those for repayment of debt principal) from exceeding receipts (except those derived from borrowing), unless the Congress authorizes a specific excess by a three-fifths vote of both Houses. Directs the President to submit to the Congress prior to each fiscal year a proposed budget that meets this standard. Permits any bill for raising taxes to become law only if a majority of the whole number of both Houses of Congress approves it by roll call vote. Authorizes a waiver of these provisions when a declaration of war is in effect.
Bill· SJRESS.J.Res. 3 (102nd)referred
United States · United States Congress · 14 January 1991
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
Resolution· HCONRESH.Con.Res. 33 (102nd)passed
United States · United States Congress · 12 January 1991
Declares that the Congress: (1) is firmly committed to reversing Iraq's occupation of Kuwait; and (2) supports the continued application of international sanctions and diplomatic efforts to pressure Iraq to leave Kuwait. Authorizes the continued use of American military force to enforce the United Nations economic embargo against Iraq, to defend Saudi Arabia from direct Iraqi attack, and to protect American forces in the region. Pledges continued support for sustaining the policy of increasing economic and diplomatic pressure against Iraq, maintaining military options, and seeking to increase the military and financial contributions made by allied nations. Declares that: (1) the Constitution requires the President to obtain authorization from the Congress before initiating new offensive military action or waging war against Iraq or Iraqi forces; and (2) the Congress does not rule out the enactment at a later time of a declaration of war or other congressional authorization for the use of force. Sets forth priority procedures for, and commits the House leadership to, swift consideration of any presidential request to authorize the use of force against Iraq.
Resolution· HCONRESH.Con.Res. 32 (102nd)referred
United States · United States Congress · 12 January 1991
Finds that the Constitution vests all power to declare war in the Congress. Declares that any offensive action against Iraq must be explicitly approved in advance by the Congress.
Bill· HJRESH.J.Res. 74 (102nd)referred
United States · United States Congress · 11 January 1991
Constitutional Amendment - Grants the Congress power to authorize the Supreme Court to remove from office any Article III judge if the Supreme Court determines that such judge has been convicted in a Federal court of a criminal offense.
Bill· HJRESH.J.Res. 71 (102nd)referred
United States · United States Congress · 11 January 1991
Constitutional Amendment - Limits the tenure of specified Federal judges to ten years unless the Senate consents to a continuance in office.
Bill· SJRESS.J.Res. 1 (102nd)failed
United States · United States Congress · 10 January 1991
Declares that the Congress: (1) is firmly committed to reversing Iraq's occupation of Kuwait; and (2) supports the continued application of international sanctions and diplomatic efforts to pressure Iraq to leave Kuwait, but does not rule out declaring war or authorizing the use of force at a later time. Authorizes the use of American military force to enforce the United Nations economic embargo against Iraq, defend Saudi Arabia from direct Iraqi attack, and protect American forces in the region. Pledges continued support for sustaining the policy of increasing economic and diplomatic pressure against Iraq, maintaining U.S. military options, and seeking to increase the military and financial contributions made by allied nations. Declares that: (1) the Constitution vests all power to declare war in the Congress; and (2) the Congress will expeditiously consider any presidential request for a declaration of war or for authority to use military force against Iraq. Sets forth congressional priority procedures for consideration of a joint resolution declaring war or authorizing military force against Iraq.
Bill· HJRESH.J.Res. 65 (102nd)referred
United States · United States Congress · 10 January 1991
Constitutional Amendment - Declares that the right to employment opportunity shall be guaranteed to each person by the United States and that the Congress has the power to enforce this article by appropriate legislation.
Resolution· HCONRESH.Con.Res. 27 (102nd)referred
United States · United States Congress · 10 January 1991
Authorizes and requests the President to designate May 3 of each year as Polish Constitution Day.
Bill· HJRESH.J.Res. 61 (102nd)referred
United States · United States Congress · 9 January 1991
Constitutional Amendment - Repeals the 22d amendment to the Constitution (limitation on presidential terms).
Resolution· SRESS.Res. 8 (102nd)referred
United States · United States Congress · 4 January 1991
Supports: (1) the actions taken by the President to defend Saudi Arabia; and (2) the President's diplomatic and economic initiatives to resolve the Persian Gulf crisis. Demands that Iraq immediately withdraw from its illegal occupation of Kuwait. Finds that: (1) the Constitution vests all power to declare war in the Congress; and (2) any offensive military action taken by the United States against Iraq must be pursuant to an explicit authorization by the Congress before such action may be initiated.
Bill· HRH.R. 365 (102nd)referred
United States · United States Congress · 3 January 1991
Violent Crime and Drug Control Act of 1991 - Title I: Death Penalty - 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, national origin, creed, 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; and (2) the information supports the finding of aggravating factors. 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 judgment; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Authorizes, in the discretion of the court, appointment of counsel for a petitioner who is or becomes financially unable to afford counsel in Federal habeas corpus proceedings involving State prisoners in capital cases. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution. Title II: Criminal Justice System Reform - Subtitle A: Habeas Corpus Proceedings Relating to Death Penalty Cases - 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. Subtitle B: General Habeas Corpus Reform - Amends the Federal judicial code to prohibit consideration of a habeas corpus claim by a State prisoner unless actual prejudice resulted from the denial of a Federal right and: (1) State action precluded assertion of the right; (2) the Federal right asserted was newly recognized; (3) the factual basis of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default; or (4) a constitutional violation asserted in the claim probably resulted in a factually erroneous conviction or a sentence predicated on an erroneous factual determination. Establishes 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 writ 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 C: 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 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.
Bill· HRH.R. 280 (102nd)referred
United States · United States Congress · 3 January 1991
Individual Privacy Protection Act of 1991- Amends the Privacy Act of 1974 to increase the minimum amount of civil damages against the United States when an agency fails to maintain a record on an individual with accuracy, relevance, timeliness, or completeness in order to assure fairness. Imposes a limitation on such recoveries. Establishes an Individual Privacy Protection Board to: (1) make a study of the data banks, automated data processing programs, and information systems of public and private organizations to determine standards and procedures in force for the protection of personal information; (2) recommend to the President and the Congress the extent to which provisions of the Privacy Act should be applied to such organizations; (3) report on other legislative recommendations necessary to protect the privacy of individuals while meeting the legitimate needs of government and society for information; (4) develop guidelines and provide continuing assistance for, and investigate compliance with, individual records maintenance requirements; (5) file comments on proposals regarding the maintenance of individual records; (6) review Federal law, Executive orders, regulations, directives, and judicial decisions and report on their consistency with the rights of privacy, due process of law, and other guarantees in the Constitution; and (7) comment on the implications for data protection of proposed Federal, State, or local statutes, regulations, or procedures. Provides penalties for violations of privacy rights.
Bill· HRH.R. 43 (102nd)referred
United States · United States Congress · 3 January 1991
Establishes the Commission on National Fiscal Priorities to report to the President and the Congress within six months of appointment on: (1) the functions that the national Government is required by the Constitution to perform, such as defense, highways, and international affairs; (2) those functions which have become so firmly established in national appropriations that they cannot be reasonably expected to end, such as welfare, harbors, and national parks; and (3) those other functions of government which the Constitution does not require the national government to provide, such as sewers, city streets, railroads, community development, and local mass transit. Requires the Commission to report within one year of its appointment on recommendations to abolish Federal programs in order to balance the budget consistent with constitutional requirements. Authorizes appropriations.
Bill· HRH.R. 98 (102nd)referred
United States · United States Congress · 3 January 1991
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from using the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to the U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
Bill· HJRESH.J.Res. 22 (102nd)open
United States · United States Congress · 3 January 1991
Constitutional Amendment - Prohibits a person who has been elected to: (1) the Senate two times from being eligible for election or appointment to the Senate; and (2) the House of Representatives six times from being eligible for election to the House.
Bill· HJRESH.J.Res. 21 (102nd)open
United States · United States Congress · 3 January 1991
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Prohibits persons from being elected to the House more than four times or more than three times to four-year terms. Prohibits persons from being elected to the Senate more than twice.
Bill· HJRESH.J.Res. 54 (102nd)referred
United States · United States Congress · 3 January 1991
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Prohibits persons from being elected to the House more than four times or more than three times to four-year terms.
Bill· HJRESH.J.Res. 42 (102nd)referred
United States · United States Congress · 3 January 1991
Constitutional Amendment - Prohibits any person from being elected to the House of Representatives more than three times, or from being elected or appointed to the Senate more than once. Establishes limitations regarding Members holding appointive office.
Bill· HJRESH.J.Res. 20 (102nd)referred
United States · United States Congress · 3 January 1991
Constitutional Amendment - Prohibits a law increasing the compensation of Members of Congress from taking effect until after an election of Representatives.
Bill· HJRESH.J.Res. 55 (102nd)referred
United States · United States Congress · 3 January 1991
Constitutional Amendment - Grants the President line item veto authority with respect to appropriations legislation.
Bill· HJRESH.J.Res. 53 (102nd)referred
United States · United States Congress · 3 January 1991
Constitutional Amendment - Prohibits fiscal year Federal outlays (except those for retirement trust funds or repayment of debt principal) from exceeding receipts (except those derived from borrowing or retirement trust funds), unless three-fifths of both Houses of Congress provide for a specific excess. Directs the President, prior to each fiscal year, to transmit to the Congress a proposed budget in which outlays do not exceed receipts.