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Resolution· HCONRESH.Con.Res. 206 (102nd)open
United States · United States Congress · 23 September 1991
Authorizes the printing as a House document of a revised edition of "The Constitution of the United States of America". Requires additional printing of such document for the use of the House of Representatives (including a specified number for the use of the Committee on the Judiciary; the Senate, and the Joint Committee on Printing).
Resolution· HCONRESH.Con.Res. 194 (102nd)referred
United States · United States Congress · 1 August 1991
Expresses the sense of the Congress that at least three of the remaining 15 States should ratify the proposed second amendment to the Constitution which would delay the effect of any law which varies the compensation of Members of Congress until the next election of Representatives (these States are Alabama, California, Hawaii, Illinois, Kentucky, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Jersey, New York, Pennsylvania, Rhode Island, and Washington).
Bill· SJRESS.J.Res. 182 (102nd)referred
United States · United States Congress · 24 July 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 by a three-fifths majority vote of both Houses. 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· HJRESH.J.Res. 311 (102nd)referred
United States · United States Congress · 23 July 1991
Constitutional Amendment - Declares the term of office of Members of the House of Representatives to be four years. Requires any Representative who officially declares the candidacy for election to the Senate to resign his or her seat at the time of the declaration.
Bill· HJRESH.J.Res. 310 (102nd)referred
United States · United States Congress · 22 July 1991
Constitutional Amendment - Repeals the 25th amendment to the Constitution (concerning presidential succession).
Resolution· HCONRESH.Con.Res. 176 (102nd)referred
United States · United States Congress · 9 July 1991
Condemns the Government of Mauritania's persecution of non-Hassaniya-speaking black Mauritanians and the continued practice of slavery in Mauritania. Calls upon such Government to: (1) abide by its international obligations and the Mauritanian constitution to protect the rights of all Mauritanians; (2) permit an impartial investigation by independent Mauritanian organizations into the death in detention of hundreds of black Mauritanians and to bring those responsible to justice; (3) permit international human rights and humanitarian organizations to conduct fact-finding missions to Mauritania; and (4) take immediate steps to enforce Mauritanian law and end the practice of slavery. Welcomes: (1) recent actions by such Government, including the amnesty and release in April 1991 of hundreds of political prisoners; (2) President Taya's announcement on April 15, 1991, promising legislative elections and allowing political parties to be formed; and (3) the diminution of tensions between Senegal and Mauritania. Commends the U.S. Department of State for its thorough reporting on human rights abuses in Mauritania in the Country Reports on Human Rights Practices for 1990. Calls upon the President to convey U.S. concern about human rights violations in Mauritania by: (1) publicly condemning human rights abuses, such as killings and imprisonment of Mauritanians and the continued practice of slavery; (2) encouraging the appointment of a special rapporteur on Mauritania at the United Nations Human Rights Commission; (3) opposing loans to Mauritania in the World Bank and the African Development Fund; and (4) encouraging the Governments of France, Spain, and Germany to oppose such loans and to limit assistance to Mauritania to humanitarian assistance provided through private voluntary organizations.
Bill· SS. 1433 (102nd)open
United States · United States Congress · 2 July 1991
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 - Title I: Department of State - Part A: Authorization of Appropriations - Authorizes appropriations for FY 1992 and 1993 for the Department of State for: (1) the administration of foreign affairs; (2) the diplomatic security program; (3) international organizations and conferences; (4) international commissions; (5) migration and refugee assistance; (6) assistance for refugees resettling in Israel; (7) assistance to displaced ethnic Armenians resettling in Armenia; (8) assistance to unaccompanied minor children and other cases of special humanitarian concern that have been referred to special committees pursuant to the Comprehensive Plan of Action for Indochinese Refugees in first asylum countries in Southeast Asia and Hong Kong; (9) humanitarian assistance to displaced Burmese; (10) bilateral science and technology agreements; (11) Soviet-East European research and training; (12) Near and Middle East research and training; and (13) the Asia Foundation. Part B: Department of State Authorities and Activities - Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to use funds to pay obligations arising under international agreements, conventions, and binational contracts. Requires Federal agencies that obtain administrative services from the Department of State to make full and prompt payment for such services through an advance of funds or reimbursement. Directs the Secretary to terminate services to agencies that have not made payment within a specified deadline. Waives such suspension or termination as necessary to protect life and Government property. Authorizes the transfer into the Buying Power Maintenance account of unobligated balances from accounts for the administration of foreign affairs. Prohibits the balance of such account from exceeding $100 million. Permits funds appropriated for the Department of State in any account funded in the Department of State Appropriations Act to be transferred to any other appropriations account in an emergency situation (provided the annual budget deficit is not increased and the transfer does not violate the Budget Enforcement Act of 1990). Prohibits an account from being increased by more than 15 percent (five percent for the salaries and expenses account and the acquisition and maintenance of buildings abroad account). Exempts transfers to the emergencies in the consular and diplomatic service appropriation for evacuation purposes from such limitation. Prohibits an account from being increased by more than ten percent. Treats such transfers as a reprogramming of funds. Prohibits, unless the House Foreign Affairs Committee and the Senate Foreign Relations Committee are notified, the reprogramming of Department of State funds in excess of $500,000 (currently, $250,000). Extends the authorization of appropriations for grants to child care facilities at certain posts abroad. Redesignates the Office of Munitions Control of the Department of State as the Office of Defense Trade Controls and increases the amount of registration fees collected by the Office that is required to be credited to a Department of State account. Permits funds received by the Department of State in connection with Blair House (currently, funds received during FY 1990 and 1991) to be credited to the appropriate Department of State account. Prohibits the denial of, or limitations on, a passport because of any belief or activity which, if held or conducted in the United States, would be protected by the first amendment to the Constitution. Authorizes the Secretary to pay the expenses of any international meeting or conference in the United States that is hosted by the U.S. Government. Amends the Foreign Service Buildings Act of 1926 to raise the limit on the amount of a lease authorized to be entered into by the Secretary for Foreign Service buildings abroad. Permits the Secretary to make advance payments for long-term leases and lease-purchase agreements. Amends the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to increase the amount authorized to be made available for the construction of Foreign Service Institute training facilities. Amends the Immigration and Nationality Act to classify as a nonimmigrant an alien coming to the United States at the request of a Government agency for employment, subject to certain conditions and numerical limitations. Directs the Secretary to notify the appropriate congressional committees each time a visa is denied to an alien for security reasons. Prohibits the Secretary from including in the Automated Visa Lookout System or in any system that maintains information about the excludability of aliens the name of any alien who is not excludable under the Immigration and Nationality Act. Requires the Secretary to correct such systems by deleting the names of aliens who are not excludable under such Act. Authorizes the Secretary to add to or retain in such system the names of aliens who are not excludable only if they are included for law enforcement purposes or lawful purposes of the Department of State. Permits the Secretary, subject to certain conditions, to enter into a multiyear (not to exceed five years) contract for the acquisition of property and construction of diplomatic facilities in Moscow. Sets forth contract provisions. Requires Department of State employees to whom a question is addressed by a member of the House Foreign Affairs Committee or the Senate Foreign Relations Committee to respond to such question within 15 days unless the Secretary explains why a timely response cannot be made. Directs the Assistant Secretary of State for Economic and Business Affairs to report to the chairman of the Senate Foreign Relations Committee and the Speaker of the House on criteria for international loans by which the United States can determine the likelihood of repayment by another nation or organization seeking to receive U.S. loans or guarantees. Requires the Secretary to report to such individuals at least 30 days prior to the issuance of any bilateral credit or loans or prior to a vote in any multilateral institution in which the United States is a contributor on: (1) the nation's or organization's creditworthiness in accordance with such criteria; and (2) the expectation of repayment of loans to the United States or the multilateral institution. Declares that the Department of State should take advantage of evolving conditions in Eastern Europe by moving expeditiously to satisfy long-term property requirements which must be met in support of needs for effective overseas representation. Endorses recent efforts by the Department of State to develop a long-term assets management program to further efforts to acquire properties and support further initiatives in such area. Commends the Administration's decision to establish a consular office in Leipzig to strengthen the U.S. presence in eastern Germany. Expresses the sense of the Congress that the Department of State should expedite its efforts to implement this decision. Part C: Diplomatic Reciprocity and Security - Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to raise the threshold (from $5,000,000 to $10,000,000) on diplomatic construction or design projects on which only U.S. persons may bid. Directs the Secretary to: (1) submit to specified congressional committees a plan which sets forth current and future space requirements for the U.S. mission in Moscow; and (2) make available to such committees copies of all agreements necessary to implement such plan. Increases the amount authorized to be appropriated for the reimbursement of State and local governments in connection with Secret Service functions with respect to foreign diplomatic missions located in metropolitan areas. Revises authorities of special agents of the Foreign Service and the Department of State to authorize such agents to make arrests without warrant for any offense against the United States committed in their presence or for any felony if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. Requires the Secretary to: (1) report to the chairman of the Senate Foreign Relations Committee and the Speaker of the House on security needs for diplomatic construction; and (2) review the Inman Report and address whether changing budgetary and foreign policy priorities continue to justify the Report's recommendations. Part D: Personnel - Directs the Secretary to appoint seven individuals to: (1) examine and report to specified congressional committees on personnel issues affecting Foreign Service and civil service employees at the Department of State; and (2) report to such committees on compliance by the Department of State with recommendations of a commission established to study the Foreign Service personnel system. Amends the State Department Basic Authorities Act of 1956 to grant access to commissaries to American citizens hired to serve as teaching staff for dependents of employees abroad. Amends the Foreign Service Act of 1980 to extend the period of temporary storage of personal effects of Foreign Service employees for an additional 90 days in extraordinary circumstances. Authorizes the Secretary to pay for the transport of the remains of a Foreign Service member to the designated home in the United States if the death of such member occurs in the United States. (Current law authorizes payment only for the transport of the remains of a member or family member who dies while abroad or in travel status.) Provides for payment for up to 60 days to Federal employees whose families or dependents are required to evacuate a post (even if the employee remains at such post). Revises Federal provisions regarding quarters, education, and cost-of-living allowances for Federal employees stationed in foreign countries. Establishes in the Treasury a fund for separation pay for foreign national employees for agencies other than the Department of Defense. Part E: International Organizations and Commissions - Expresses the sense of the Congress that the Permanent Representative of the United States to the United Nations should ensure that in-kind contributions to the United Nations peacekeeping forces are included at their full value when calculating contributions to such forces. Authorizes the President to withhold 20 percent of the funds allocated for the U.S. contribution to the United Nations if the United Nations has failed to implement decision-making procedures on budgetary matters which assure that attention is paid to the views of the United States and other major financial contributors. Requires the President to notify the Congress when a decision is made to withhold a contribution to the United Nations or to pay any previously withheld contribution. Permits payments of assessed contributions for prior years to the United Nations if such payment would further U.S. interests in such organization. Repeals provisions of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 and the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 concerning United Nations budget procedures. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 that requires the Secretary to report on the status of secondment within the United Nations by the Soviet Union and Soviet-bloc member nations. Withholds the payment of all U.S. arrearages to Special Purpose International Organizations until the Secretary reports to the chairman of the Senate Foreign Relations Committee and the Speaker of the House on: (1) the purpose and activities of such organizations; (2) the political and economic benefits to the United States of membership in such organizations; and (3) the effect on American consumers and importers of the activities and policies of organizations dealing with economic commodities. Amends the State Department Basic Authorities Act of 1956 to add to the list of the Secretary's authorities the authority to make payments, in advance, of the U.S. share of expenses for international fisheries commissions. Amends the Japan-United States Friendship Act to revise provisions concerning administrative expenses of the Japan-United States Friendship Commission. Directs the Secretary to report to the Congress on the activities (after April 30, 1990) of the United Nations Educational, Scientific and Cultural Organization. Earmarks amounts from funding authorized for international fisheries commissions for the Great Lakes Fishery Commission. Sets forth U.S. policy with respect to Inter-American organizations. Requires the Secretary to direct the Assistant Secretary for International Organization Affairs to review policies for the provision of housing benefits to U.S. Government personnel assigned to the U.S. mission to the United Nations. Part F: Foreign Relations of the United States Historical Series - Amends the State Department Basic Authorities Act of 1956 to set forth provisions concerning the "Foreign Relations of the United States" historical series, a documentary record of major U.S. foreign policy decisions and diplomatic activity. Requires the series to be published within 30 years after the events recorded. Makes the Historian of the Department of State responsible for the preparation of the series. Establishes an Advisory Committee on Historical Diplomatic Documentation to review and make recommendations concerning the selection of records to be included in the series. Directs all Federal agencies engaged in foreign policy to develop procedures for their historical offices to coordinate with the Department of State in selecting and permitting access to records for purposes of inclusion in the series. Requires selected records to be submitted to the originating agency for declassification review. Directs the originating agency, if a record is not declassifiable, to make deletions in the text to make the record declassifiable. Requires the Historian, if the meaning of a record is so altered by such deletions that the series would be misleading, to request the originating agency to prepare an unclassified summary of the record. Sets forth procedures to be followed if the originating agency refuses to prepare a declassified record or an unclassified summary. Requires declassification of Department of State records within 30 years after such records were prepared. Makes such records available to the public at the National Archives. Exempts specified records (for security or privacy reasons) from such requirement. Part G: Near and Middle East Research and Training Act - Near and Middle East Research and Training Act - Establishes the Near and Middle Eastern Advisory Committee within the Department of State to recommend grant policies for carrying out the objectives of this part. Declares that payments shall be made for: (1) a national research program at the postdoctoral level; (2) a program of graduate, postdoctoral, and teaching fellowships for advanced training in Near and Middle Eastern studies; (3) the dissemination of research and findings on such studies and related fields; (4) fellowship and research support for American specialists in such studies; (5) seminars and workshops to facilitate research collaboration between Government and private specialists in such studies; (6) advanced training and research on a reciprocal basis in Near and Middle Eastern countries; and (7) language training. Sets forth application procedures for institutions seeking funding. Part H: Miscellaneous Provisions - Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 concerning a travel advisory warning for Jalisco, Mexico. Requires the Secretary to report to the Congress every 180 days on: (1) the progress made in rescinding United Nations General Assembly Resolution 3379 which maintains that Zionism is a form of racism; (2) the progress made by every member of the General Assembly in recognizing Israel; (3) the extent to which Arab nations which have refused to recognize Israel or have maintained a state of belligerency against Israel have taken steps to end the economic boycott and state of belligerency and to negotiate with Israel; and (4) the means utilized by the United States to encourage the Arab states allied with the United States in the Persian Gulf War to achieve such objectives. Redesignates the Iraq Sanctions Act of 1990 as the Iraq International Law Compliance Act. Requires the Secretary to: (1) coordinate the U.S. Government response to international water resource disputes and needs; (2) represent the U.S. Government in fora in discussions concerning access to fresh water; and (3) formulate U.S. policy to assist in the resolution of international problems posed by the lack of fresh water supplies. Repeals a provision of the Soviet-East European Research and Training Act that terminates Soviet-East European training by a specified date. Title II: United States Informational, Educational, and Cultural Programs - Part A: United States Information Agency - Authorizes appropriations for the U.S. Information Agency (USIA) for FY 1992 and 1993. Earmarks an amount for the establishment and operation of a USIA office in Vientiane, Laos. Amends the United States Information and Educational Exchange Act of 1948 to prohibit funds in excess of $500,000 (currently, $250,000) from being made available to USIA through a reprogramming unless the House Foreign Affairs Committee and the Senate Foreign Relations Committee are notified. Adds to the authorities of the USIA Director the authority to purchase, rent, construct, improve, and operate facilities for television transmission and reception. Permits the Director or other authorized Government agencies to: (1) incur expenses authorized by the Foreign Service Act of 1980; and (2) furnish living quarters and provide specified allowances for government employees in foreign countries. Authorizes the Director or such agencies to pay to or for participants in programs under the United States Information and Educational Exchange Act of 1948 the costs of: (1) emergency medical expenses; (2) the preparation and transportation of remains of participants' dependents who die while away from home during such participation; and (3) health and accident insurance premiums. Requires the Director to: (1) establish a cultural center in the capital of the province of Kosovo in Yugoslavia; and (2) establish Croatian and Serbian programs within the Yugoslavian section of Voice of America (VOA). Authorizes appropriations for the National Endowment for Democracy (NED). Sets forth specified reporting requirements with respect to NED grant management. Amends the National Endowment for Democracy Act to require (currently, authorizes) USIA to audit NED financial transactions. Expresses the sense of the Congress that the NED should make efforts to solicit private contributions. Part B: Bureau of Educational and Cultural Affairs - Authorizes appropriations for FY 1992 and 1993 to the Bureau of Educational and Cultural Affairs for: (1) salaries and expenses; (2) the Fulbright Academic Exchange programs; (3) the Hubert H. Humphrey Fellowship Program; (4) the International Visitors Program; (5) the Arts America Program; (6) East Europe training projects; (7) citizen exchange programs; (8) the Congress-Bundestag Exchange Program; (9) the Vietnam Scholarship Program; and (10) academic exchange programs involving Latin America, Asia, and Africa. Authorizes appropriations to the Bureau for FY 1992 for the World University Games in Buffalo, New York. Amends the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 to extend the authorization of appropriations for scholarships for Tibetan and Burmese students and professionals. Encourages USIA to work with its German counterparts in the Congress-Bundestag Exchange Program to emphasize the participation of former citizens of the German Democratic Republic and to insure that Germans from eastern Germany are given the opportunity to participate in German-American bilateral exchange programs. Authorizes appropriations for FY 1992 and 1993 to be made available to the Bureau for: (1) programs in Washington, D.C., to expose students from newly democratic countries to the workings of the U.S. Government; and (2) scholarships for scholars, businesspeople, and professionals from such countries for study of democratic and free market institutions and other aspects of U.S. society. Part C: Bureau of Broadcasting - Authorizes appropriations for FY 1992 and 1993 to the USIA Bureau of Broadcasting for: (1) salaries and expenses; (2) television and film service; (3) acquisition and construction of radio facilities; and (4) broadcasting to Cuba. Requires the President to submit to the chairman of the Senate Foreign Relations Committee and the Speaker of the House the report of the Policy Coordinating Committee on International Broadcasting. Directs the Task Force on United States Government International Broadcasting to submit to such individuals its report to the President on U.S. Government broadcasting. Establishes a Commission on Broadcasting to the People's Republic of China to examine the feasibility, effect, and implications for U.S. foreign policy of instituting a radio broadcasting service to China to promote the dissemination of information and ideas. Requires VOA to broadcast at least one hour daily in the Kurdish language on its Persian language service and its Arabic language service to Iraq. Authorizes the USIA Director to hire Kurdish language speakers subject to certain conditions. Requires the USIA Director to submit a plan and budget for the establishment of a VOA Kurdish language service to the chairman of the Senate Foreign Relations Committee and the Speaker of the House. Directs the chairman of the Board for International Broadcasting to submit a plan and budget to such individuals for the establishment of a surrogate home service under the auspices of Radio Free Europe/Radio Liberty (RFE/RL) for the Kurdish people. Requires the Director to make available to the Schomburg Center for Research in Black Culture in New York master copies of USIA photographic works of Richard Saunders. Provides that the Center shall reimburse USIA for expenses in making such copies available. Part D: The Educational Exchanges Enhancement Act of 1991 - Educational Exchanges Enhancement Act of 1991 - Provides for an increase in the number of USIA scholarships for foreign and U.S. students and scholars. Makes such scholarships available only to: (1) foreign students and scholars from Eastern European democracies, the Soviet Union, and countries with fewer than 1,000 citizens studying in the United States; (2) students from economic, social, or ethnic backgrounds not represented in the U.S. foreign student population; and (3) U.S. students and scholars for study, research, and teaching in Eastern European democracies, the Soviet Union, and non-European countries. Authorizes appropriations. Title III: Board for International Broadcasting - Amends the Board for International Broadcasting Act to authorize appropriations for FY 1992 and 1993 to carry out such Act and the Inspector General Act of 1978. Provides that certain amounts of appropriations placed in reserve due to upward fluctuations in foreign currency exchange rates shall be used to make payments to RFE/RL's U.S. and German pension plans to avoid future pension liabilities. Expresses the sense of the Congress with respect to maintaining RFE broadcasts to Eastern Europe. Title IV: The Spoils of War Act of 1991 - Spoils of War Act of 1991 - Permits spoils of war in the possession or control of the United States to be transferred to any other party only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred. Prohibits such spoils of war from being transferred to any nation whose government has repeatedly provided support for acts of international terrorism. Requires the President to report to the appropriate congressional committees on spoils of war obtained during Operation Desert Shield or Operation Desert Storm that were transferred to any party. Title V: Anti-Boycott Passport Act of 1991 - Anti-Boycott Passport Act of 1991 - Directs the Secretary to: (1) instruct the U.S. Middle Eastern diplomatic corps to seek an end to the policy of the majority of Arab League nations of rejecting passports of, and denying entrance visas to, persons whose passports or other documents reflect that they have visited Israel; and (2) report to specified congressional committees on the status of efforts to secure an end to such policy. Prohibits the Secretary from issuing any passport that is designated for travel only to Israel. Requires the Secretary to cancel existing passports designated for travel only to Israel. Prohibits the Secretary from issuing more than one official or diplomatic passport to any U.S. Government official for purposes of enabling such official to acquiesce in or comply with the Arab League's passport policy concerning persons who have visited Israel. Title VI: Southeast Asia - Part A: Laotian-American Relations - Laotian-American Relations Act - Expresses the sense of the Congress that the President should: (1) upgrade the current American diplomatic representation in Vientiane, Laos, to the level of ambassador; (2) ensure that an American military attache is permanently assigned to the U.S. mission in Vientiane to assist in the recovery of American prisoners of war and missing in action; and (3) ensure that Drug Enforcement Administration (DEA) personnel are permanently assigned to such mission to accelerate cooperative efforts in narcotics eradication and interdiction. Requires the USIA Director to establish an office in Vientiane, Laos, to assist in the propagation of American economic and political values. Part B: Free Market Democracy Promotion for Vietnamese Act - Free Market Democracy Promotion for Vietnamese Act - Requires the Bureau of Educational and Cultural Affairs to make available 15 scholarships during FY 1992 to enable Vietnamese residents in Vietnam to study at a U.S. college or university. Gives preference to candidates intending to pursue studies in economics and commercial law. Part C: Miscellaneous Provisions - Expresses the sense of the Congress that the goals of U.S. policy in Vietnam and Cambodia would be advanced by increased access to their territories and by reaching an agreement that would result in the lifting of the trade embargo against Vietnam and Cambodia. Expresses the sense of the Congress with respect to accounting for American prisoners of war or missing in action in Southeast Asia. Title VII: Persian Gulf War Criminals Prosecution Act of 1991 - Part A: General Provisions - Persian Gulf War Criminals Prosecution Act of 1991 - Sets forth findings regarding Iraq's violation of the Geneva Conventions. Part B: Actions By United States Agencies and Courts - Requires the President to direct Government agencies to collect and maintain evidence of crimes committed by Persian Gulf war criminals. Directs the President to consult with the Attorney General, the Secretary of State, and the Secretary of Defense to determine the appropriate jurisdiction for the prosecution of such criminals. Part C: International Criminal Tribunal - Urges the President, acting through the U.S. Permanent Representative to the United Nations, to propose to the Security Council the establishment of an international criminal tribunal for the prosecution of Persian Gulf war criminals. Urges the President to work with the coalition of nations participating in Operation Desert Storm to establish such tribunal if the Secretary Council fails to take action to do so. Establishes the Office for the Prosecution of Persian Gulf War Criminals within the Department of State. Part D: Congressional Oversight - Requires the President to report to the Senate Foreign Relations Committee and the House Foreign Affairs Committee on: (1) the proposal developed by the Office for the establishment of an international criminal tribunal; (2) evidence of crimes under international law that justifies the prosecution of Persian Gulf war criminals; and (3) Iraqi authorities who should be prosecuted for committing such crimes. Title VIII: Arms Suppliers Regime - Arms Suppliers Regime Act of 1991 - Declares that the Secretary should undertake to convene a conference of appropriate nations to establish an arms suppliers regime. States that the purpose of such regime should be to: (1) halt the flow of unconventional arms and technologies necessary to produce such arms to nations in the Middle East; (2) limit and control the proliferation of advanced conventional arms to such nations; and (3) provide incentives for regional arms control agreements in the Middle East. Lists actions to be taken to carry out such purposes. Authorizes the President to negotiate and commit the United States to participating in a multilateral moratorium prohibiting the transfer of advanced conventional arms to the Middle East. Requires the President to report annually to the Senate Foreign Relations Committee and the House Foreign Affairs committee on: (1) all transfers of arms to the Middle East over the previous five years; (2) the current military balance in the region; (3) the current and projected military threat to allied and friendly nations in the Middle East and the military equipment needed to deter and defend against such threat; (4) the operation of agreements comprising the arms suppliers regime; (5) the supplier nations that have refused to participate in such regime; and (6) specific actions of supplier nations that have engaged in conduct that violates or undermines the regime. Prohibits the sale of defense articles or services, or the issuance of export licenses for such articles or services, to any nation in the Middle East unless the President: (1) certifies that the Secretary has undertaken to convene the conference for the establishment of an arms suppliers regime; and (2) submits a specified report on such regime. Title IX: Miscellaneous Foreign Affairs Provisions - Requires the President to report to the Speaker of the House and the chairman of the Senate Foreign Relations Committee on specified issues involving the Palestine Liberation Organization. Expresses the sense of the Congress that: (1) all U.S. law enforcement personnel serving in Mexico should be accorded the same status as U.S. diplomatic and consular personnel serving at U.S. posts in Mexico; and (2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same status as DEA personnel serving in Mexico. Expresses the sense of the Congress with respect to the establishment of a U.S.-Baltic Development Program and the stationing of overseas cultural/informational and commercial representatives in Lithuania, Latvia, and Estonia. Requires the Secretary to report to the Congress on the status of discussions with Lithuania, Latvia, and Estonia regarding an enhanced U.S. presence in the Baltic Republics. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to provide that the period of entitlement to benefits for U.S. hostages in Lebanon shall be the period of an individual's hostage status and the 60 months following the termination of such status. Requires the President to study and report to the Congress on the feasibility of constructing a library building for the Polish Parliament (Sejm) and the availability of funds for a U.S. contribution to such project. Expresses the sense of the Congress that Tibet is an occupied country under the principles of international law whose true representatives are the Dalai Lama and the Tibetan Government in exile. Prohibits the President from lifting U.S. economic sanctions against Saddam Hussein's regime in Iraq, and directs the President to make every effort to ensure that the multinational coalition maintains the full range of economic sanctions, until such regime has released all prisoners of war and has accounted as fully as possible for all those missing in action, including Kuwaitis captured during the Iraqi occupation. Directs the Secretary to: (1) maintain a list of Kuwaiti residents believed to have been captured or detained by the Iraqi Government; and (2) report to the chairman of the Senate Foreign Relations Committee and the Speaker of the House on actions to effect the release of remaining prisoners. Expresses the sense of the Senate regarding the Intergovernmental Negotiating Committee and a framework convention on global climate change. Expresses the sense of the Congress that the United States should encourage the Government of the United Kingdom to provide the people of Hong Kong all civil liberties to bequeath a self-governing democracy to China in 1997. Expresses the sense of the Congress that the United States should support Taiwan's role in the General Agreement on Tariffs and Trade and Asia Pacific Economic Cooperation. Sets forth U.S. policy with respect to arms sales to the Middle East. Amends the Arms Export Control Act to authorize the President to extend guarantees in connection with the sale of defense articles and services to NATO countries, Japan, Australia, New Zealand, and Israel. Limits the total amount of such guarantees in any fiscal year. Authorizes appropriations.
Bill· SS. 1435 (102nd)open
United States · United States Congress · 2 July 1991
International Security and Economic Cooperation Act of 1991 - Title I: Statement of Policy; Development Assistance Programs - Amends the Foreign Assistance Act of 1961 to revise policy provisions. Declares that assistance provided under such Act, the Arms Export Control Act, and any Act authorizing or appropriating funds for use under such Acts should serve the following goals: (1) to promote and consolidate democratic values and institutions; (2) to promote U.S. national security interests and peace; (3) to promote economic growth through competitive markets with equitable distribution of benefits; (4) to promote human resource development and meet urgent humanitarian needs; and (5) to protect against transnational threats. States that development assistance programs should have the following four objectives: (1) to address the problem of poverty; (2) to promote broad-based free market economies and sustainable economic growth; (3) to promote improved environmental, natural resource, and agricultural management in developing countries; and (4) to promote democracy and political, social, and economic pluralism. Expresses the sense of the Congress that the United States should: (1) concentrate development assistance in countries which will make the most effective use of such assistance; (2) focus development assistance on activities which the United States can provide most effectively and which meet the particular economic assistance requirements of a country; and (3) not provide assistance if the relevant sector or economic policies of a country are unfavorable to the sustainability or impact of the assisted project. Authorizes appropriations for FY 1992 and 1993 for agriculture, rural development, and nutrition assistance. Authorizes the President to furnish assistance to prevent and control acquired immune deficiency syndrome (AIDS). Declares that 45 percent of such assistance should be provided to the World Health Organization for use in financing its Global Program on AIDS. Calls upon the agency primarily responsible for administering development assistance (administering agency) to set as a goal the reduction of under five mortality rates by at least one-third by the year 2000. Authorizes appropriations for FY 1992 and 1993 for: (1) voluntary family planning; (2) health programs; (3) education, public administration, and human resource development; and (4) private sector, environment, energy, and special development activities. Prohibits funds authorized under the Foreign Assistance Act of 1961 that are intended for projects requiring environmental impact statements, assessments, or analyses from being obligated or expended prior to the consideration of public comment on any options connected with such projects. Prohibits funds authorized to be appropriated for such Act from being used for projects that would result in any significant loss of primary tropical forests. Directs the administrator of the administering agency to increase the involvement of private and voluntary organizations and cooperatives in assistance programs. Encourages the administrator to support development education programs. Increases the percentage of funds to be made available or channeled for each fiscal year (currently, FY 1986 through 1989) to private and voluntary organizations for specified development activities. Permits funds for child and mother health needs, the Child Survival Fund, and AIDS to be made available notwithstanding restrictions on assistance to foreign countries. Requires the administrator to ensure that: (1) development assistance activities incorporate the active participation of local women; (2) sex-disaggregated data is included in country development strategy statements for major sectors in which assistance is to be provided and in project papers and program assistance approval documents; (3) programs are designed so that the percentage of women who benefit from such assistance exceeds the approximate transitional level of participation of women in the sector for which assistance is being provided; and (4) program assistance evaluations include an assessment of the extent to which women are participating in the activity and the impact of the activity on the self-reliance of women and improving their incomes. Requires a specified amount to be made available each fiscal year as matching funds to support activities of the missions of the agency which demonstrate potential for integrating women into programs. Title II: Other Assistance Programs and Authorizations - Authorizes appropriations for FY 1992 and 1993 for American schools, libraries, and hospitals abroad. Expresses the sense of the Congress that: (1) U.S. citizens give every consideration to founding or sponsoring American schools in Eastern Europe and the Soviet Union to serve as study centers for U.S. ideas and practices; and (2) the American University of Blagoevgrad in Bulgaria is to be commended for its efforts in founding an American school to serve such purposes. Redesignates the private sector revolving fund as the private sector credit program. Eliminates provisions concerning funding, remittance of excess assets, fees, and the transfer of unobligated funds. Permits fees to be charged for guarantees and loans issued under the program. Limits the amount of contingent liability for guarantees in FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for administrative expenses of the program. Raises the ceiling on the principal amount of housing guaranties authorized to be issued under the worldwide shelter program. Continues the authority of the housing guaranty program through FY 1993. Repeals provisions concerning agricultural and productive credit and self-help community development programs. Provides that guaranties issued in connection with loans made for housing and infrastructure in Israel for Soviet refugees shall not be subject to specified face value limitations. Requires fees to be charged for housing guaranties. Raises the ceiling on the total face value of guaranties authorized to be issued with respect to any country in a fiscal year. Provides that the principal amount of guaranties issued shall be comparable to the amount issued for FY 1984, subject to dollar value limitations. Authorizes appropriations for FY 1992 and 1993 to pay the cost of guranties with a specified face value and for administrative expenses of the housing guaranty program. Permits the President to continue U.S. participation in, and make contributions to, the International Fund for Agricultural Development. Authorizes appropriations for FY 1992 and 1993 for specified United Nations programs and activities. Authorizes appropriations for the U.S. contribution to the United Nations University Endowment Fund. Limits such contribution to 25 percent of the total amount contributed to the Fund by other members. Provides that if Israel is denied its right to participate in any United Nations agency, the United States shall suspend its participation in, and contributions to, any such agency until the denial of rights is reversed. Authorizes appropriations for FY 1992 and 1993 for international disaster assistance and international narcotics control activities. Expresses the sense of the Congress that under specified conventions on narcotic drugs and psychotropic substances, the parties are required to criminalize drug related activities, provide severe penalties, and cooperate in the extradition of accused offenders. Revises the authorities of the Director of the Trade and Development Agency (replaces the Trade and Development Program). Requires the Agency to disseminate information about its activities to the private sector. Sets forth the duties of the Inspector General of the administering agency with respect to the Agency. Authorizes appropriations for FY 1992 and 1993. Prohibits appointments to positions within the administering agency without the advice and consent of the Senate. Authorizes appropriations for FY 1992 and 1993 for operating expenses of the administering agency and its Office of the Inspector General. Requires the President to maintain within the administering agency a Center for University Cooperation in Development and a Center for Voluntary Cooperation in Development. Provides that the respective purposes of such Centers shall be to strengthen development partnerships between the U.S. Government and: (1) U.S. institutions of higher education engaged in education, research, and public service programs relevant to development needs of developing countries; and (2) U.S. private voluntary organizations, cooperatives, and credit unions engaged in activities relevant to such needs. Directs the administrator to establish an Advisory Committee on Voluntary Cooperation in Development. Revises provisions concerning congressional notification for program changes. Authorizes nongovernmental organizations to invest local currencies accrued as a result of economic assistance provided under the Foreign Assistance Act of 1961 and other specified Acts and to use interest earned on investments for assistance purposes. Title III: Economic Support Fund - Authorizes appropriations for FY 1992 and 1993 for economic support fund (ESF) assistance for: (1) Israel; (2) Egypt; (3) regional cooperative programs in the Middle East; (4) Cyprus (to be for scholarships, bicommunal projects, and confidence building measures to reduce tensions and promote peace between the two communities on Cyprus); (5) the International Fund for Ireland; (6) Turkey; and (7) other recipients or purposes. Permits the President to provide administration of justice assistance to the Philippines. Continues funding for specified administration of justice and law enforcement assistance through FY 1993. Authorizes the President to use ESF assistance for capital and infrastructure assistance. Applies environmental impact and assessment requirements to such assistance. Restricts the use of ESF assistance for nuclear facilities. Permits ESF assistance to be provided as a cash transfer only if the recipient country spends an amount equal to such cash transfer to purchase U.S. goods and services. Makes exemptions to such requirement under certain circumstances. Prohibits U.S. flag carriers from being reimbursed for more than 30 percent above the average competitive international rate for international ship transportation with respect to such purchases. Title IV: Military Assistance and Sales and Related Programs - Authorizes the President to furnish military assistance on a grant basis (currently, loan or grant). Permits such assistance to be provided for the financing of defense articles or services. Authorizes financing for the procurement by leasing of defense articles from U.S. commercial suppliers to be provided to Israel and Egypt if there are compelling foreign policy or national security reasons for such articles being provided by lease rather than by government-to-government sale. Permits the financing of the procurement of defense articles and services not sold by the U.S. Government only if the country or international organization proposing to make such procurement has signed an agreement with the United States specifying the conditions under which the procurement may be financed. Authorizes funds to be made available to a foreign country to make payments of principal and interest owed to the United States in connection with sales of defense articles or services. Authorizes appropriations for FY 1992 and 1993 for military assistance and sales for: (1) Israel (makes certain amounts available, at the request of the Government of Israel, for research and development in the United States and the procurement of defense articles and services in Israel); (2) Egypt; (3) Turkey; (4) Greece; and (5) other recipients or purposes. Declares that the President should consider the practice of a country with respect to the law of war when furnishing military assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act. Raises the ceiling on the amount of defense articles and services and military education and training to be drawn down under certain emergencies. Places a ceiling on the value of additions to stockpiles for FY 1992 and FY 1993. Extends the President's authority to transfer excess defense articles to countries on NATO's southern flank through FY 1993. Authorizes appropriations for FY 1992 and 1993 for: (1) international military education and training; (2) peacekeeping operations; and (3) antiterrorism assistance. Makes technical and conforming amendments to the Arms Export Control Act. Provides that charges for defense articles (other than major defense equipment) that are sold, licensed, or approved for export under such Act after FY 1991 may not include nonrecurring costs of research on or development or production of such articles. Revises a provision regarding the Guaranty Reserve Fund and redesignates the Fund as the Foreign Military Loan Liquidating Account. Raises the ceiling on the aggregate acquisition cost to the United States of excess defense articles ordered by the President. Revises requirements of a report by the President on military exports. Repeals provisions concerning information to the Congress on credit sales and guaranties and the availability of funds for procurement of defense articles and services outside the United States. Deems Australia, New Zealand, Egypt, Israel, Japan, and the Philippines to be major non-NATO allies. Prohibits funds made available by any Act from being used to facilitate the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than a NATO member country or a major non-NATO ally. Sets forth U.S. policy on Middle East arms sales. Title V: Special Authorities, Restrictions and Reports - Amends the Foreign Assistance Act of 1961 to raise the ceiling on funds available for unanticipated contingencies. Authorizes a specified amount to be made available in any fiscal year (currently, FY 1986 and 1987) for emergency military assistance. Authorizes the President to adopt as a U.S. contract or obligation any contract with a U.S. or third-country contractor that had been funded with assistance prior to the termination of such assistance. Revises provisions concerning prohibitions on assistance. Requires the President to maintain a list of Communist countries for purposes of restricting assistance. Authorizes the President to remove or exempt a country from the list or prohibitions on assistance if he reports to the Congress that such removal or exemption is important to the U.S. national interest. Prohibits assistance to any country whose elected head of government is deposed by military coup. Permits the President to resume assistance to such a country if he reports to the Congress that subsequent to the coup a democratically elected government has taken office. Prohibits assistance to any country which is more than one year in arrears to the U.S. Government on loan or credit payments extended under the Foreign Assistance Act of 1961 or former authorities of the Arms Export Control Act unless the President reports to the Speaker of the House and the chairman of the Senate Foreign Relations Committee that such assistance is in the national interest. Requires the Administrator of the Agency for International Development (AID) to ensure that for every assistance project there is prominently displayed an acknowledgment that the project was funded by the people of the United States. Expresses the sense of the Congress that the President should continue to make efforts to improve the management of the foreign economic assistance program. Requires the President to study the feasibility and impact of reducing the number of countries receiving such assistance and improving coordination and management of the foreign assistance programs. Directs the AID Administrator to report to the Speaker of the House and the chairman of the Senate Foreign Relations Committee on: (1) actions taken by AID and any other proposals to improve management of such programs; and (2) the findings of the President's study. Requires the President to report to the House Foreign Affairs Committee and the Senate Foreign Relations Committee on the extent to which ESF assistance provided in excess of $10,000,000 in FY 1987 through 1991 to a country has contributed to economic reform along market economic principles in such country. Title VI: Special Assistance Initiatives and Other Region or Country Specific Provisions - Chapter 1: East Asia and the Pacific - Subchapter A: Assistance to the Philippines - Multilateral Assistance Initiative for the Philippines Act of 1991 - Expresses the sense of the Congress that: (1) the United States should continue to participate with multilateral financial institutions and other bilateral donors in an economic reform and development program in the Philippines; and (2) a multiyear commitment of resources by the United States, donors, and institutions with a continued reform effort and leadership role by the Government of the Philippines will continue to be necessary to ensure continued economic growth in the Philippines and enhanced participation of the Filipino people in the democratic process. Authorizes the President to provide assistance on such terms as determined necessary to carry out this Act. Links assistance to progress by the Government of the Philippines in implementing its economic, structural, and administrative reform program and provides that such assistance may include programs to stimulate and strengthen private sector growth, including voluntary debt reduction, greater U.S. participation in such sector, and sustained economic growth. Authorizes appropriations. Limits the amount of appropriations for FY 1992 and 1993. Expresses the sense of the Congress that: (1) coordination of programs by donors, institutions, and the Government of the Philippines is critical to the success of the Multilateral Assistance Initiative; (2) all donors should simplify procurement and disbursement procedures and ensure that conditions on the provision or use of assistance are complementary; and (3) the Philippines will ensure the most effective use of such assistance. Subchapter B: Humanitarian Assistance for Cambodian Democracy - Makes specified amounts of development and ESF assistance for FY 1992 and 1993 available for humanitarian and development assistance for civilians and civilian members of the Cambodian noncommunist resistance. Requires the President to terminate assistance to any Cambodian organization that is cooperating with the Khmer Rouge in military operations. Directs the Administrator of the administering agency to: (1) contract with a private sector employee to establish an office in Phnom Penh to oversee program activities; and (2) conduct an on-site assessment within Cambodia to determine requirements for the development of infrastructure and the eradication of explosive mines. Requires the President to report to the Speaker of the House and the President pro tempore of the Senate on all instances of military cooperation since January 1, 1991, between the Khmer Rouge and any faction of the noncommunist resistance and all instances of human rights abuses by the Khmer Rouge. Makes available an additional amount of development and ESF assistance for FY 1992 and 1993 for humanitarian assistance to children and victims of wars in Cambodia. Subchapter C: Other Provisions Relating to the Region - Permits funds authorized by this Act and funds made available in prior foreign assistance appropriations Acts for Burma (Myanmar) to be made available for training and education assistance for Burmese outside of Burma who are displaced as a result of civil conflict and for activities which support democratic pluralism in Burma. Expresses the sense of the Congress that additional assistance should be provided for Mongolia in recognition of Mongolia's movement toward democracy and a free market economy. Chapter 2: Near East and South Asia - Extends a certain waiver on a prohibition on assistance to Pakistan through FY 1994. Amends the International Security and Development Cooperation Act of 1985 to earmark development and ESF assistance for humanitarian assistance to the Afghan people and for the implementation of bilateral and multilateral reconstruction efforts for Afghanistan and the establishment of a broad-based freely-elected Afghan Government. Sets forth provisions concerning human rights abuses in Sri Lanka. Requires the President, in determining whether to provide assistance or make sales of defense articles or services to Sri Lanka during FY 1992 and 1993, to take into account whether the Government of Sri Lanka has: (1) established a public register of detainees and ensured that detainees have access to lawyers and family members; (2) taken steps to deter disappearances and killings of civilians by persons under control of government forces; (3) taken measures to minimize civilian casualties in combat operations in the north and east; and (4) made serious efforts to investigate and prosecute those involved in the murder of journalist Richard DeZoysa. Encourages the Government of Sri Lanka to provide human rights education and training. Chapter 3: Europe - Subchapter A: SEED Program Support for Transformation From Communism to Free-Market Democracy - Support for East European Democracy Act of 1991 (or SEED II Act) - Amends the Support for East European Democracy (SEED) Act of 1989 to include within the definition of "Eastern Europe" all nations of Europe which experienced Communist rule after World War II. Permits the President, where an authority in such Act is available for a bilateral activity for Poland or Hungary, to exercise such authority with respect to another Eastern European country or a constituent republic of such country if he determines that: (1) such country or republic has taken steps toward democracy and a market-oriented economy; (2) such activity would promote the institutions of democracy and a free-market economy; and (3) such activity would not sustain or fortify organizations which are inimical to the development of democracy and a free-market economy. Authorizes appropriations for FY 1992 and 1993 for assistance under SEED. Expresses the sense of the Congress with respect to establishing, and providing ESF and technical assistance for, nondiplomatic liaison offices in the Baltic states and in constituent republics of East European countries to facilitate liaison with entities aspiring to achieve democracy and free-market institutions. Supports adoption of agricultural policies in East European countries that are based on free-market policies and discourages policies that distort market signals through protective import barriers or government export subsidies. Provides for the establishment of Institutes for Agricultural Policies in Eastern Europe and the United States for the education and training of policy makers in agricultural free-market economics. Declares that 20 percent of SEED food assistance for FY 1992 and 1993 should be in the form of value added agricultural products. Applies limitations and authorities for the Enterprise Funds for Poland and Hungary to any other Enterprise Fund to which the President determines the United States should contribute. Expresses the sense of the Congress that the President should: (1) designate a director within the Department of Commerce for American business initiative in Eastern Europe to promote the development of American business opportunities in East European countries; and (2) establish American Business Centers to support American business initiatives in Eastern Europe. Andrei Sakharov Educational Exchange Act - Amends the Mutual Educational and Cultural Exchange Act of 1961 to establish the Andrei Sakharov Educational Exchange Program to further U.S.-Eastern European cooperation in the fields of environmental protection and the health sciences through the exchange of graduate students. Urges the President to use the authority provided by such Act as an integral part of the SEED program. Amends SEED to express the sense of the Congress that the President should allocate a specified amount annually for NATO's plan for expanded East European participation. Eastern European Security Assistance Act of 1991 - Makes a specified amount of administration of justice assistance under the Foreign Assistance Act of 1961 for U.S. participation in a program aimed at strengthening democratic institutions in Eastern European countries by promoting the empowerment of civilian managers in the justice, defense, and internal security establishments. Prohibits such programs from taking place with the authorities of a nonelected government or with a regime that carries out human rights violations or is negligent in the prosecution of hate crimes. Authorizes the President to: (1) include an appropriate number of students from Eastern European countries in the training offered by the National Academy of the Federal Bureau of Investigation; and (2) furnish international criminal investigative training assistance and administration of justice assistance to Eastern European countries. Urges the Director of the U.S. Information Agency to arrange for the translation into the appropriate languages of books and other materials relevant to purposes of this Act for distribution to parliaments, ministries, and institutions of higher education in Eastern Europe. Directs the Secretary of State, together with the Attorney General, to report to specified congressional committees on possible sites for the establishment of at least three legal attache posts at U.S. embassies in Eastern Europe. Treats the Regional Environmental Center for Central and Eastern Europe in Budapest, Hungary, as an international organization for purposes of detailing U.S. Government personnel. Makes a specified amount of nonconvertible Polish currencies held by the United States available for the Research Center on Jewish History and Culture of the Jagiellonian University of Krakow, Poland. Subchapter B: Baltic Humanitarian Relief - Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is desirable to help alleviate suffering in the Baltic republics. Directs the AID Administrator to: (1) furnish humanitarian assistance for the relief of the Estonian, Latvian, and Lithuanian people; and (2) solicit donations of humanitarian assistance for Estonia, Latvia, and Lithuania and cooperate with private relief agencies attempting to provide such assistance. Authorizes the Commander-in-Chief of the U.S. Transportation Command to provide all necessary airlift and sealift to transport donations of medical supplies to the Baltic peoples. Earmarks ESF assistance for such purposes. Urges the President to begin negotiations with the nations surrounding Estonia, Latvia, and Lithuania, including Poland and the U.S.S.R., regarding the importation of humanitarian assistance. Subchapter C: CSCE Assembly - CSCE Assembly Participation Act - Provides that up to 17 Members of the Congress shall be appointed to meet annually with representative parliamentary groups from other Conference on Security and Cooperation in Europe (CSCE) member nations to: (1) assess the implementation of CSCE objectives; (2) discuss subjects addressed during the meetings of the Council of Ministers for Foreign Affairs and the biennial Summit of Heads of State or Government; and (3) initiate and promote national and multilateral measures to further cooperation and security in Europe. Earmarks amounts from funds available to the Department of State for contributions to international organizations for the U.S. contribution toward the maintenance of the CSCE Assembly and for meeting the expenses of the U.S. delegation. Chapter 4: Middle East - Subchapter A: Arms Suppliers Regime - Arms Suppliers Regime Act of 1991 - Declares that the Secretary should undertake to convene a conference of appropriate nations to establish an arms suppliers regime. States that the purpose of such regime should be to: (1) halt the flow of unconventional arms and technologies necessary to produce such arms to nations in the Middle East; (2) limit and control the proliferation of advanced conventional arms to such nations; and (3) provide incentives for regional arms control agreements in the Middle East. Lists actions to be taken to carry out such purposes. Authorizes the President to negotiate and commit the United States to participating in a multilateral moratorium prohibiting the transfer of advanced conventional arms to the Middle East. Requires the President to report annually to the Senate Foreign Relations Committee and the House Foreign Affairs Committee on: (1) all transfers of arms to the Middle East over the previous five years; (2) the current military balance in the region; (3) the current and projected military threat to allied and friendly nations in the Middle East and the military equipment needed to deter and defend against such threat; (4) the operation of agreements comprising the arms suppliers regime; (5) the supplier nations that have refused to participate in such regime; and (6) specific actions of supplier nations that have engaged in conduct that violates or undermines the regime. Prohibits the sale of defense articles or services, or the issuance of export licenses for such articles or services, to any nation in the Middle East unless the President: (1) certifies that the Secretary has undertaken to convene the conference for the establishment of an arms suppliers regime; and (2) submits a specified report on such regime. Subchapter B: Miscellaneous - Declares that specified amounts of development assistance should be used to finance the Cooperative Development Program, cooperative development research projects among the United States, Israel, and developing countries, and cooperative development projects among the United States, Israel, and Eastern Europe. Prohibits assistance to Syria until the President reports to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Syria: (1) has demonstrated willingness to enter into negotiations with Israel; (2) does not deny its citizens the right to emigrate and does not impose taxes with respect to emigration; (3) is assisting the U.S. Government in obtaining the release of American hostages in Lebanon; (4) no longer supports international terrorist groups; (5) is withdrawing its armed forces from Lebanon; (6) is no longer acquiring chemical, biological, or nuclear weapons and will not use weapons currently in its arsenal to threaten its neighbors; (7) is cooperating with U.S. antinarcotics efforts and taking steps to remove members of the government who are involved in the drug trade; and (8) has made progress in improving human rights. Requires the President to report to such committees on third country transfers of weapons and military equipment to Syria. Expresses the sense of the Congress that the United States should support educational, cultural, and humanitarian activities that bring Israelis together with Palestinians living in the West Bank and Gaza. Expresses the sense of the Congress that: (1) all Arab nations which have refused to recognize Israel and have maintained a state of belligerency against Israel should recognize israel, end the state of belligerency and economic boycott against Israel, and enter into negotiations with Israel; and (2) the United States should encourage the Arab states which were allied with the United States in the Persian Gulf War to achieve such objectives. Expresses the sense of the Congress that the United States should work with its Arab coalition partners to: (1) encourage their support for efforts to achieve peace and stability in the Middle East and to settle the Arab-Israeli conflict; and (2) take specific steps with respect to Israel and terrorism. Chapter 5: Latin America and the Caribbean - Subchapter A: Provisions Pertaining to Central America and the Caribbean - Requires advance congressional notification for the transfer of helicopters or military aircraft to any country in Central America or the Caribbean. Directs the Secretary to notify the appropriate congressional committees whenever any helicopters or other military aircraft are provided to such countries by any foreign country. Prohibits military assistance under the Foreign Assistance Act of 1961 to Guatemala during FY 1992 and 1993, except in connection with a peace agreement. Establishes the Lasting Peace Fund for Guatemala. Authorizes the President to transfer amounts available for military assistance to the Fund. Makes funds available only upon notification to the appropriate congressional committees that the Guatemalan Government and the Guatemalan National Revolutionary Unit have signed a peace agreement. Permits funds to be available for: (1) costs of retraining, relocation, and reemployment in civilian pursuits of former combatants and noncombatants affected by the conflict; and (2) costs of monitoring activities associated with the peace agreement. Prohibits the authorites of the Arms Export Control Act from being used to sell to the Guatemalan Government, or issue licenses for the export to Guatemala of: (1) weapons or ammunition; or (2) aircraft, unless the aircraft are unarmed and the Guatemalan Government has agreed that they will not be armed. Permits FY 1992 and 1993 development and ESF assistance and assistance under the Agricultural Trade Development and Assistance Act of 1954 for Guatemala to be used only by civilian government agencies and nongovernmental organizations. Requires such assistance to be targeted for: (1) programs that address poverty, basic human needs, and environmental concerns; (2) the improvement of democratic institutions and the promotion of political pluralism; (3) the National Reconciliation Commission; (4) fiscal reform and administration; or (5) programs that promote trade and investment. Prohibits such assistance from being used for partisan political purposes or as an instrument of counterinsurgency. Waives assistance target requirements if the President notifies the appropriate congressional committees that Guatemala has made progress in eliminating human rights violations and in bringing to trial those responsible for major human rights cases. Prohibits foreign assistance for any member of the Nicaraguan resistance who has not disarmed or is not abiding by the terms of the cease-fire agreement and the addenda to the Toncontin Agreement. Earmarks a specified amount of FY 1992 and 1993 ESF assistance for Central America for implementing programs consistent with the purposes of the Concerted Plan of Action in Favor of Central American Refugees, Returnees and Displaced Persons. Prohibits funds authorized to be appropriated by any Act to be made available for the Sandinista Popular Army unless requested and authorized in advance by the President of Nicaragua. Subchapter B: Provisions Pertaining to the Caribbean - Congratulates Haiti on its transition to democracy. Expresses the sense of the Congress that the United States should: (1) provide assistance to the Haitian Government so long as it abides by the Haitian Constitution and respects freedom of expression and human rights; (2) continue to provide assistance to Haitian private voluntary organizations to institutionalize democracy and promote economic development; and (3) provide a specified amount of food, development, and economic assistance to Haiti during FY 1992 and 1993. Prohibits military assistance to Haiti during FY 1992 and 1993, except for nonlethal military assistance provided through a democratically-elected head of state and pursuant to specified notification procedures. Encourages the Government of the Dominican Republic to improve respect for the human rights of Haitian laborers engaged in the sugar cane harvesting industry in the Dominican Republic. Declares that the President should consider increasing the Dominican Republic's allocation of the U.S. sugar quota and providing additional economic and development assistance if the Government of the Dominican Republic makes progress in specified matters concerning such laborers. Permits assistance under the Foreign Assistance Act of 1961 or the Agricultural Trade Development and Assistance Act of 1954 to be provided to the Government of Guyana only if the President reports to the appropriate congressional committees that such government is in power as a result of free and fair elections. Exempts from such restriction international narcotics control assistance or assistance for the holding of free and fair elections. Expresses the sense of the Congress that: (1) following the submission of the report regarding Guyana, the President should provide economic assistance for Guyana under such Acts; and (2) a specified amount of assistance should be used to meet basic human needs. Subchapter C: Andean Initiative - Amends the International Narcotics Control Act of 1990 to extend the authorization of appropriations for development and ESF assistance to Andean countries through FY 1993. Requires priority in the use of funds for Bolivia and Peru to be given to support programs that focus on providing coca farmers with alternative sources of income. Earmarks a specified amount for each fiscal year (currently, FY 1991) for administration of justice assistance for Bolivia, Colombia, and Peru. Declares that a specified amount of such assistance should be made available for the Office of Human Rights in the Office of the Attorney General of the Government of Peru. Authorizes additional appropriations for FY 1992 and 1993 for military assistance to Andean countries. Applies certain limitations on FY 1991 military and law enforcement assistance to such countries to assistance for FY 1992 and 1993. Decreases the amounts of assistance to be made available for armed forces and law enforcement units in such countries. Prohibits Peru's Sinchi Police from being considered as a law enforcement unit. Extends certain conditions on assistance to such countries to assistance for FY 1992 and 1993. Exempts from such conditions assistance for programs that focus on providing coca farmers with alternative sources of income. Extends a certain waiver of a prohibition on assistance to countries in default on loans to narcotics-related assistance to Andean countries for FY 1992 and 1993. Subchapter D: South America - Congratulates the Governments of Argentina and Brazil for taking certain steps with respect to nuclear nonproliferation. Permits military assistance to Chile during FY 1992 and 1993 only if the appropriate congressional committees are notified in advance. Subchapter E: Other Provisions Pertaining to the Region - Earmarks an amount of funds made available for narcotics-related assistance for the Andean countries for efforts to deal with the cholera epidemic in Latin America. Makes law enforcement assistance available for countries with democratically-elected governments in Latin America and the Caribbean. Prohibits the use of such funds for: (1) lethal equipment; and (2) the participation of Department of Defense personnel and members of the U.S. armed forces in law enforcement training. Permits law enforcement training in the Caribbean to be provided only by the Department of Justice Criminal Investigative Training Assistance Program. Earmarks funds for such assistance. Amends the Foreign Assistance Act of 1961 to permit the delivery of military assistance and sales to the armed forces of a Latin American or Caribbean country with a civilian government only with the prior approval of the country's head of government. Subchapter F: Miscellaneous Provisions - Amends the Foreign Assistance Act of 1969 to authorize appropriations for the Inter-American Foundation for FY 1992 and 1993. Revises provisions concerning the composition of the Foundation's Board of Directors and the principal office. Declares that the Senate applauds the actions of the United Nations Human Rights Commission of March 6, 1991, (concerning human rights in Cuba) and calls on the Government of Cuba to cooperate fully with the Commission. Chapter 6: Africa - Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1992 and 1993 for the Development Fund for Africa. Expresses the sense of the Congress that a certain amount of funds should be made available to support sector projects supported by the Southern African Development Coordination Conference. Amends the International Security and Development Cooperation Act of 1980 to authorize appropriations for FY 1992 and 1993 for the African Development Foundation. Permits assistance to Sudan during FY 1992 and 1993 only if the President reports to the Congress that the Government of Sudan has: (1) taken actions to begin a process of national reconciliation; and (2) demonstrated a commitment to hold free and fair elections monitored by international observers. Permits military and ESF assistance to Kenya during FY 1992 and 1993 only if the President reports to the Congress that the Government of Kenya has taken steps to: (1) release political detainees and end the prosecution of individuals for the expression of their political beliefs; (2) cease mistreatment of political prisoners; and (3) restore judicial independence and freedom of expression. Authorizes military and ESF assistance and international military education and training for Zaire during FY 1992 and 1993 only if the President reports to the Congress that: (1) a neutral, transitional government has been formed to oversee the drafting of a new constitution for Zaire; (2) free and fair elections are held in Zaire; and (3) the elected government demonstrates a commitment to bring about freedom of expression, a reformed and independent judiciary, and reform of the security forces. Prohibits development assistance to Zaire, except as provided through nongovernmental organizations. Expresses the sense of the Senate that the President should continue to support the peacekeeping efforts in Liberia carried out by the Economic Community of West Africa Monitoring Group. Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for civil strife relief, rehabilitation, and general recovery in Liberia. Permits assistance to Liberia during FY 1992 and 1993 only if the President reports to the Congress that the Government of Liberia has achieved progress toward reconciliation and free and fair elections monitored by international observers. Provides that such restriction shall not apply to humanitarian assistance. Authorizes the President to furnish assistance for strengthening judicial institutions in African countries. Expresses the sense of the Senate that a study should be undertaken by the Office of Technology Assessment, in a cross-section of Subsaharan African countries, of the formulation and the economic, social, and environmental impact of adjustment programs supported or leveraged by AID through the Development Fund for Africa. Title VII: Enterprise for the Americas Initiative - Enterprise for the Americas Act of 1991 - Chapter 1: Statement of Findings and Purpose - Sets forth findings and purposes with respect to the Enterprise for the Americas Initiative. Chapter 2: Programs to Facilitate Investment Flows - Requires the Secretary of the Treasury to work with the Inter-American Development Bank to ensure the implementation of the Bank's investment sector reform program and the coordination of U.S. bilateral assistance programs with multilateral efforts to enhance liberalization efforts in Latin America and the Caribbean. Authorizes the Secretary, subject to certain conditions, to make a payment to the Enterprise for the Americas Fund. Requires U.S. assistance to the Fund to be disbursed only for technical assistance for resolving domestic constraints to investment, human capital programs, and assistance to private enterprises. Chapter 3: Eligibility Requirements for Benefits - Makes eligible for participation in activities under this Act any Latin American or Caribbean country that: (1) has in effect, or is making progress toward, policies designed to liberalize its investment regime and to undertake economic reforms in conjunction with specified multilateral financial institutions; and (2) qualifies for assistance under the Foreign Assistance Act of 1961 (waives prohibitions on assistance to countries in default on loans to the United States). Chapter 4: Enterprise for the Americas Facility - Establishes the Enterprise for the Americas Facility in the Department of the Treasury. Declares that the purpose of the Facility is to serve as the coordinating mechanism within the U.S. Government to carry out provisions of this Act related to debt reductions, sales, and cancellations of loans or assets for eligible countries. Chapter 5: Debt Reduction - Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any eligible country. Deems debt reductions to be assistance for purposes of provisions of law limiting assistance to a country (waives restrictions on assistance to countries in default on loans to the United States). Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by eligible countries. Encourages the President to consider undertaking the full liquidation of outstanding obligations to the United States for an eligible country if such liquidation will assist in significant progress toward economic reform. Chapter 6: Enterprise for the Americas Accounts - Requires eligible countries that enter into Enterprise for the Americas Agreements to establish Enterprise for the Americas Accounts. Authorizes the President to enter into Enterprise for the Americas Agreements with eligible countries concerning the operation and use of Americas Accounts. Sets forth required contents of such Agreements. Permits grants from an Americas Account to be used only for funding activities that: (1) support local nongovernmental organizations in child health programs; (2) link the conservation and sustainable use of natural resources with local community development; (3) support community-based primary and secondary education programs; and (4) support alternative development programs that seek to reduce dependence on the production of crops from which narcotic and psychotropic drugs are derived. Lists eligible grant recipients. Declares that: (1) the President should encourage other official creditors of eligible countries whose debt is reduced to provide comparable debt reduction to such countries; and (2) the Secretary should encourage private creditors of eligible countries to explore mechanisms for reducing outstanding debts to levels that more accurately reflect the market value of such debts. Chapter 7: Sales, Reductions, or Cancellations of Loans or Assets - Authorizes the President to: (1) sell to any eligible purchaser any loan of an eligible country made pursuant to the Export-Import Bank Act of 1945; (2) sell to any eligible purchaser any asset acquired by the Commodity Credit Corporation in connection with export sales to an eligible country or specified export credit guarantee programs; and (3) reduce or cancel any loans or assets made or acquired before 1991 upon receipt of payment from an eligible purchaser. Permits loans or assets to be sold only to purchasers who present plans to AID for using such loans or assets to engage in debt-for-child survival, debt-for-education, debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes loans or assets to be sold, reduced, or canceled only for purposes of facilitating such swaps. Chapter 8: International University for the Americas - Requires the Secretary of State to determine the most appropriate location for the International University for the Americas, an institution to be established for promoting economic integration and the strengthening of democratic institutions in the Western Hemisphere and for commemorating the 500th anniversary of the discovery of the Americas by Christopher Columbis. Authorizes appropriations. Chapter 9: Reports - Sets forth annual reporting requirements with respect to this Act. Title VIII: Repeal of Obsolete Provisions - Repeals provisions of specified Acts. Title IX: Multilateral Development Banks - Chapter 1: International Monetary Fund - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund to consent to: (1) an increase in the U.S. quota in the Fund; and (2) the amendments to the Articles of Agreement of the Fund approved in resolution 45-3 of the Fund's Board of Governors. Authorizes the Secretary of the Treasury to instruct the U.S. Executive Director of the Fund to approve the Fund's pledge to sell a specified amount of the Fund's gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to meet obligations to lenders who have made loans to the Trust for financing programs of members previously in arrears to the Fund. Chapter 2: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the sixth replenishment of the Fund. Authorizes appropriations. Chapter 3: Asian Development Bank - Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank to subscribe to additional shares of the Bank's capital stock. Authorizes appropriations. Title X: Presidential Contingency Fund - Authorizes appropriations to the President for FY 1992 and 1993 for unanticipated contingencies in programs within the International Affairs Budget Function. Title XI: Peace Corps - Amends the Peace Corps Act to: (1) extend authorizations of appropriations for the Peace Corps for FY 1992; (2) establish the Foreign Currency Fluctuations, Peace Corps, Account to pay expenses for Peace Corps operations which exceed appropriations for such expenses as a result of currency exchange rate fluctuations. Authorizes appropriations for such Account. Requires the Director of the Peace Corps to contract with an eligible organization to conduct three evaluations of the health care needs of Peace Corps volunteers and the adequacy of the Peace Corps health care system. Provides for the submission of such evaluations to the Director and the Senate Foreign Relations Committee and the House Foreign Affairs Committee. Requires the Director and the Secretary of Labor to report to such committees on: (1) the information provided by the Peace Corps to its volunteers and applicants on the benefits and services to which volunteers or trainees may be entitled in the event they sustain injuries or become disabled during their Peace Corps service or training; (2) the efforts by the Peace Corps and the Department of Labor to coordinate the provision of such information to Peace Corps volunteers and applicants and the processing of claims by volunteers under the Federal Employees Compensation Act (FECA); (3) the number of Peace Corps volunteers and applicants who have filed claims under FECA and the percentage of claims that have been approved; and (4) the timeliness of approvals or denials of such claims. Encourages the Director to continue to develop, assist, and implement education-related programs which enable volunteers to share their volunteer experiences with primary and secondary school students and communities in the United States. Title XII: Effective Date - Provides that this Act shall take effect on October 1, 1991.
Bill· HJRESH.J.Res. 290 (102nd)passed
United States · United States Congress · 26 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a law devoted solely to that subject. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Makes this article effective beginning with FY 1995 or with the second fiscal year after its ratification, whichever is later.
Bill· HJRESH.J.Res. 286 (102nd)referred
United States · United States Congress · 26 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires the Congress, whenever actual outlays exceed actual receipts for any fiscal year, to provide by law for the repayment of the excess in the ensuing fiscal year. Requires a three-fifths rollcall vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by rollcall vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Grants the President line item veto authority with respect to appropriations bills.
Bill· HJRESH.J.Res. 289 (102nd)referred
United States · United States Congress · 26 June 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 that act.
Bill· HJRESH.J.Res. 285 (102nd)referred
United States · United States Congress · 25 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths rollcall vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by rollcall vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Grants the President line item veto authority with respect to appropriations bills.
Bill· SS. 1337 (102nd)referred
United States · United States Congress · 20 June 1991
Anti-Gang Violence Act of 1991 - Title I: Gang Violence - Declares that drug trafficking and related gang violence require coordinated and immediate Federal action. Requires the Director of the Bureau of Alcohol, Tobacco and Firearms (BATF) to establish direct liaison with State and local law enforcement agencies having responsibility for gang investigations and efforts to combat gang-related firearms violations. Authorizes appropriations for FY 1992 to: (1) the BATF for the creation of a new Anti-Gang Unit; and (2) the Attorney General to provide prosecutors and support staff to aid the Unit. Directs the head of the unit to work with Federal, State, and local law enforcement agencies to coordinate the resources necessary to fight gangs. Authorizes the seizure and forfeiture of personal property subject to forfeiture under the Controlled Substances Act (CSA) in connection with an investigation of a violation of such Act. Prohibits the transportation of a minor to assist in avoiding detection or apprehension with respect to drug-related activity. Directs the court, in addition to any other fines imposed pursuant to the CSA, to impose a civil fine of $100,000 on a defendant found guilty of such offense, to be transferred to the Secretary of Health and Human Services for distribution to State and local agencies for juvenile drug rehabilitation through existing programs. Sets penalties for the distribution of firearms to a minor. Subjects an individual who possesses (under current law, uses or carries) a firearm during and in relation to a crime of violence or drug trafficking crime to specified terms of imprisonment. Urges the President to direct the Attorney General to establish a National Commission on Gang Intervention. Directs the Attorney General to: (1) acquire data on the incidence of criminal acts that involve gang violence for calendar years 1990 through 1995; and (2) publish an annual summary of such data. Authorizes appropriations for FY 1992 through 1997. Authorizes appropriations for FY 1992 to the Office of Justice Programs of the Department of Justice (DOJ) for anti-drug abuse grants. Specifies that such grants shall be allocated to State and local task forces that include law enforcement, educational systems, and community-based organizations and that have developed coordinated programs necessary to alleviate gang activity and drug trafficking. Encourages the States to separate in State and juvenile correctional institutions inmates who are identified as members of gangs to ease the violence in prisons between rival gang factions. Authorizes appropriations to the National Institute of Corrections of the Federal Bureau of Prisons to provide technical assistance to States to facilitate the separation of gang members in State prisons. Title II: Career Criminals - Declares that the intent of the Armed Career Criminal Act of 1984 was to enact a sentencing enhancement provision. Amends the Federal criminal code to bar imposition of specified repeat offender enhanced penalties based upon prior convictions obtained in violation of the Constitution. Authorizes appropriations for FY 1992 to the BATF for the Repeat Offender Program and anti-gang activities to hire additional special agent and support personnel. Requires: (1) the National Institute of Justice to conduct a study and to report on the profile and number of career criminals in America; and (2) the DOJ's Bureau of Justice Statistics to compile and maintain statistics for the number of arrests, prosecutions, and convictions nationwide and to publish and make available to the public annual reports. Title III: Narcotics Investigative Projects and Task Force Projects - Authorizes the payment of any expenses necessary for the implementation and execution of certain narcotics investigative and task force projects from the DOJ Assets Forfeiture Fund.
Bill· SS. 1335 (102nd)referred
United States · United States Congress · 20 June 1991
Strategy to Eliminate Crime in the Urban and Rural Environment Act of 1991 - Title I: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less. Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services. Authorizes the Director to make grants to local law enforcement agencies for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the Bureau of Justice Assistance (BJA) discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations. Title II: Violent Felonies Against the Elderly - Amends the Federal criminal code to establish a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to suspending such sentence, authorizing probation or parole, allowing the defendant to serve consecutive sentences, and accepting plea agreements. Authorizes appeals on the grounds that a sentence is less severe than that required under this Act. Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence pursuant to this Act must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older. Title III: Child Abuse, Sexual Violence, and Violence Against Women - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. National Child Abuser Registration Act of 1991 - Authorizes a State child abuse information repository (State repository) to report child abuser information to the National Crime Information Center. Directs the Attorney General to establish guidelines for the reporting of such information. Specifies that such guidelines shall require that: (1) a reporting State ensure that reports of all convictions under the criminal child abuse law of the State are maintained by a State repository; and (2) a State repository maintain close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information and technical assistance in cases of child abuse. Requires the Attorney General to publish an annual statistical summary of the child abuser information reporting under this Act. Makes compliance with this Act a condition to the receipt by a State of any grant, cooperative agreement, or other assistance under the Victims of Crime Act (VCA) and the Child Abuse Prevention and Treatment Act. Amends the Controlled Substances Act (CSA) to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Expresses the sense of the Congress that, for purposes of determining child custody, credible evidence of physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Higher Education Act of 1965 to add sexual assault or any other abusive sexual conduct to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Requires each institution to report the statistics to parents or guardians of students as well as to other groups specified by current law. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Authorizes appropriations. Domestic Violence Prevention Act of 1991 - Amends the Family Violence Prevention and Services Act to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Requires a specified minimum percentage of funds for demonstration grants for prevention of, and provision of immediate shelter and other assistance to, victims of family violence and their dependents to be used for rural areas. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Authorizes appropriations to carry out the Act. Amends the Federal Rules of Criminal Procedure to modify the number of peremptory challenges available to specified parties when the offense charged is punishable by imprisonment for more than one year. Amends the Federal criminal code to: (1) prohibit peremptory jury challenges on the basis of race, color, or any other classification that could not lawfully be used by a prosecutor; and (2) give the prosecutor the same right as the defense attorney to challenge the exercise of peremptory challenges on this ground, with the court applying the same standards and granting the same relief. Enacts rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) various types of litigation abuses (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) expediting litigation (including not attempting to delay or prolong proceedings for specified reasons); and (3) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information.) Requires a protective order issued by a court of a State to have the same full faith and credit in a court in another State as in a court of the issuing State. Title IV: Law Enforcement Officers Bill of Rights - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require a five percent reduction in certain assistance under such Act for any law enforcement agency which fails to have in effect a law enforcement officer's bill of rights providing for: (1) investigations for alleged malfeasance, misfeasance, or nonfeasance of official duty; (2) the representation of law enforcement officers on police complaint review boards; (3) opportunities for a hearing; (4) summary punishment, administrative action, and emergency suspension; (5) the recovery of damages for civil suits brought for violations of these rights; (6) notice of disciplinary actions to be taken against such officers; and (7) a prohibition against retaliation for exercising rights. Title V: Victims' Bill of Rights - Amends the Federal criminal code to require (currently, authorize) the court to order restitution of the victim of the offense of which a defendant is convicted when such defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court: (1) to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation for a loss from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of and schedule for restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender, including obligations to dependents. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property. Makes compliance with the schedule of payments and other terms of a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply with a restitution order. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim. Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the VCA; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) seven percent of the total funds deposited in a fiscal year be available for child abuse prevention and treatment grants; (2) four percent be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs; and (3) 89 percent be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve not exceed $20,000,000. Provides that the first $6,200,000 above $150,000,000 deposited in the Fund through FY 1995, and the first $3,000,000 for each fiscal year thereafter, be available to the judicial branch for administrative costs. Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Allows up to five percent of a victim compensation program grant to be used for administrative costs. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows up to five percent of a victim assistance program grant to be used for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. States that specified allocation provisions under this title shall take effect in a fiscal year upon certification by the Director that there are sufficient funds in the Victims Assistance Fund and the Victims Compensation Fund at the end of the previous fiscal year so that such allocations will not reduce the current funding levels in such funds. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgement probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Specifies that: (1) whoever is convicted of a felony crime of violence for the benefit of, or in association with any criminal street gang, shall in addition to the punishment provided by law for such crime, be fined, imprisoned for up to three years, or both; and (2) any imprisonment imposed under this provision shall not run concurrently with that imposed for the underlying crime. Title VII: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) homicide and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) engaging in a criminal enterprise activity which results in death; (8) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; (9) murders in connection with sexual assaults and child molestations; and (10) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title VIII: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, or during and in relation to any felony punishable under certain provisions relating to counterfeiting and forgery, in addition to the punishment provided for such crime. Provides that whoever: (1) uses, carries, or otherwise possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) uses, carries, or otherwise possesses a firearm that is a machine gun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this title. Amends the CSA to increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence or for commission of an aggravated felony; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from BJA grant programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Title IX: Mandatory Judicial Reforms - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment counsel. 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 title. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Amends the Federal criminal code to prohibit the Federal courts, until five years after the enactment of this Act, from: (1) holding prison crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the eighth amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an eighth amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding eighth amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using temporary facilities for housing prisoners; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during the period beginning on the date of enactment of this Act and ending five years after such date to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the period beginning on the date of enactment of this Act and ending five years after such date, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Title X: Prisoner and Prison System Reforms - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Amends the Adult Education Act to require each State correctional system and each local jail or detention center with an inmate population of over 150 to have in effect a mandatory functional literacy program in at least one major correctional facility, subject to specified requirements and exceptions. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Act to bar Federal funding under the Drug Control and System Improvement Grant Program for States failing to have an analogous State program. Specifies that, beginning two years after the enactment of this Act: (1) a request for Federal drug law enforcement assistance funds from the BJA grant programs by a State whose law provides mandatory work requirements, mandatory education requirements, and drug testing of prisoners shall receive priority over a request by a State whose law does not so provide; and (2) the formula for distributing the amount of funds to be distributed from the Drug Control and System Improvement Grant Program to State and local governments shall be adjusted by reducing by ten percent the amount of funds that would be allocated to States whose laws do not so provide and allocating the amount of the reduction pro rata to other States.
Bill· HRH.R. 2700 (102nd)referred
United States · United States Congress · 20 June 1991
Uniform Product Liability Act of 1991 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller for personal injury, property damage, or commercial loss, superseding State law whenever this Act establishes a rule of law applicable to recovery for the harm in question. Describes the scope of preemption. Authorizes States to develop or implement alternative procedures, standards, or systems not inconsistent with this Act. Denies manufacturer liability for harm caused by an unreasonable or unforeseeable use or alteration of a product or by a danger known to be inherent to the product and incapable of mitigation. Describes conditions under which a manufacturer will not be held liable for harm caused by product design or failure to warn. Describes conditions governing product seller liability, holding a seller liable only if the claimant establishes by a preponderance of the evidence that: (1) the seller's failure to exercise reasonable care with respect to the product was the proximate cause of the harm in question; or (2) the harm was caused by the product's failure to conform to the seller's express warranty. Describes: (1) defenses applicable in product liability cases; (2) the respective liability of codefendants; and (3) standards and limitations to govern awards of punitive damages. Imposes a two-year statute of limitations with respect to product liability actions, with longer periods applicable in cases involving capital goods and aviation accidents. Prescribes coordination requirements in connection with product liability actions that also involve workers' compensation awards. Directs any court in which a product liability action is brought to give the parties the opportunity to engage in nonbinding arbitration with respect to the claim in question. Describes conditions to govern such arbitration.
Bill· SS. 1325 (102nd)open
United States · United States Congress · 19 June 1991
Intelligence Authorization Act, Fiscal Year 1991 - Title I: Intelligence Activities - Authorizes appropriations for FY 1991 for intelligence activities in specified departments and agencies of the U.S. Government, including the Central Intelligence Agency (CIA), the Department of Defense (DOD), and the Drug Enforcement Administration. Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified schedule of authorizations. Authorizes the Director of Central Intelligence (DCI) to employ civilian personnel in excess of the ceiling for such personnel when necessary to the performance of important intelligence functions. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1991. Establishes an end strength ceiling of 240 full-time Intelligence Community Staff employees, including 50 full-time personnel who are authorized to serve in the Security Evaluation Office. Provides that such staff shall be administered in the same manner as the CIA. Title III: Central Intelligence Agency Retirement and Disability System and Related Provisions - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1991. Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to eliminate the statutory provisions requiring a 15-year career review and an election option for participants in the Central Intelligence Agency Retirement and Disability System (CIARDS) and requires such participants to remain under CIARDS for the duration of their CIA service. Specifies that the five years of marriage spent outside the United States required to qualify for former spouse status must have been during periods of the participant's service with the CIA. Permits a retiree under CIARDS who was unmarried at the time of retirement to: (1) elect a reduction in an annuity for purposes of providing a survivor benefit upon marriage after retirement (currently, an election for a current spouse must be equal to the election made for a spouse to whom the participant was married at the time of retirement); and (2) irrevocably elect within one year of remarriage, where his or her annuity was not reduced to provide a survivor annuity at the time of retirement, to provide an annuity for the new spouse in the event such spouse survives the retired participant (in such case, the retired participant would be required to deposit an amount by which his or her annuity would have been reduced if the election had been in effect since the date of retirement; or, if later, the date the previous reduction in the annuity was terminated. Reduces the remarriage age for purposes of entitlement to survivor and retirement benefits under CIARDS. Requires a surviving spouse who remarries a retiree and becomes entitled to a CIARDS survivor annuity to choose between such annuity and any other survivor annuity to which he or she may be entitled to be eligible to receive survivor annuity payments. Provides for the restoration of benefits of certain former CIA spouses whose benefits were terminated because of remarriage before age 55, and whose remarriage is later dissolved by death, annulment, or divorce. Amends the Central Intelligence Agency Act of 1949 to restore health benefits of former spouses whose benefits were terminated because of remarriage before age 55, and whose remarriage is later dissolved by death, annulment, or divorce. Title IV: General Provisions - Permits appropriations authorized by this Act for benefits for Federal employees to be increased as may be necessary for increases in compensation or benefits authorized by law. Prohibits the authorization of appropriations by this Act from constituting authority for the conduct of any illegal intelligence activity. Authorizes the DCI to charge the entry of an alien against the numerical limitation for any fiscal year (beginning with FY 1991 and ending with FY 1996) notwithstanding that such alien's entry is not made to the United States in such fiscal year if the alien is an employee of the Foreign Broadcast Information Service in Hong Kong or the spouse or child of such alien. Amends the Department of Energy Organization Act to except from the competitive service all positions in the Department of Energy which the Secretary of such department determines are devoted to intelligence and intelligence-related Government activities. Requires the DCI to direct that elements of the intelligence community, whenever compatible with U.S. national security, consistent with operational and security concerns, and fiscally sound, award contracts in a manner that would maximize the procurement of products produced in the United States. Title V: Department of Defense Intelligence Provisions - Authorizes the Secretary of Defense to grant the use of the DOD reimbursement rate for military airlift services provided by DOD to the CIA if such services are provided for activities related to national security objectives. Directs the Defense Mapping Agency to offer certain maps and charts for sale. Authorizes the Secretary to withhold from public disclosure any geodetic product under DOD control that: (1) is restricted pursuant to an international agreement; or (2) contains information that would, if disclosed, reveal sources and methods used to obtain material for geodetic products or military operational or contingency plans. Amends the National Security Agency Act of 1959 to authorize the Director of the National Security Agency (NSA) to use appropriated funds for specified post-employment assistance for NSA employees who have been in sensitive positions but are found ineligible for continued access to sensitive information and continued employment with NSA, subject to specified conditions and reporting requirements. Permits the Secretary to authorize elements of DOD to engage in commercial activities to provide security for the conduct of authorized intelligence collection activities abroad. Prohibits such activities from being conducted after December 31, 1995. Sets forth provisions concerning the use, disposition, and auditing of funds generated by such activities. Authorizes the Secretary, if any compliance with Federal laws and regulations would create an unacceptable risk of compromise of an authorized intelligence collection activity, to permit the operation of the activity notwithstanding such laws and regulations. Permits personnel to conduct such activities in the United States only to the extent necessary to support intelligence activities abroad. Prohibits entities engaged in such activities from employing, assigning, or detailing U.S. persons to perform duties for such entities unless such persons are informed in advance of the intelligence security purposes of such activities. Requires the Secretary to ensure that the House and Senate Intelligence Committees are kept currently and fully informed of such activities. Directs the Secretary to provide to any Member of Congress, upon request, complete access to the Tighe Report (the classified report of the Defense Intelligence Agency relating to efforts to fully account for U.S. military personnel listed as prisoner, missing, or unaccounted for in military actions). Authorizes the Secretary to withhold from disclosure any material that would compromise sources and methods of intelligence. Title VI: Oversight of Intelligence Activities - Amends the Foreign Assistance Act of 1961 to repeal a prohibition on the use of funds for CIA operations in foreign countries, other than for specified intelligence activities. Amends the National Security Act of 1947 to require the President to ensure that: (1) the intelligence committees are kept informed of U.S. intelligence activity, including any significant anticipated intelligence activity; and (2) any illegal intelligence activity as well as any corrective action is reported to such committees. Includes "covert actions" within the definition of "intelligence activities." Bars the President from authorizing the conduct of covert actions by departments, agencies, or entities of the United States unless he determines such activities are necessary to support the foreign policy objectives of the United States. Requires such a determination to be set forth in a written finding that: (1) is not retroactive; (2) specifies each participating Government entity and whether a third party not subject to U.S. regulations will be used; and (3) may not authorize any action which would violate the Constitution or any statute of the United States. Requires the President to ensure that any such finding approved is reported to the intelligence committees as soon as possible after such approval and before the covert action is initiated. Authorizes the President, in extraordinary circumstances affecting vital U.S. interests, to limit access to findings to specified congressional officials but requires the President to provide a statement of the reasons for limiting access in such cases. Requires the President to notify the intelligence committees or congressional officials of any significant change in a previously-approved covert action. Defines "covert action" as any activity conducted by an element of the U.S. Government to influence political, economic, or military conditions abroad so that the Government's role is not apparent or acknowledged. Excludes: (1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of U.S. Government programs, or administrative activities; (2) traditional diplomatic or military activities or routine support to such activities; (3) traditional law enforcement activities conducted by U.S. Government law enforcement agencies or routine support to such activities; or (4) certain activities to provide routine support to the overt activities of other U.S. Government agencies abroad. Prohibits the conduct of any covert action which is intended to influence U.S. political processes, public opinion, policies, or media. Bars the expenditure of funds appropriated for, or otherwise available to, any U.S. Government department, agency, or entity for covert actions unless and until a presidential finding has been signed or otherwise issued. Specifies that funds available to an intelligence agency which are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if they are used for activities reported to the appropriate congressional committees pursuant to procedures jointly agreed upon by such committees and the DCI or the Secretary of Defense which identify: (1) types of activities for which nonappropriated funds may be expended; and (2) under what circumstances an activity must be reported as a significant anticipated intelligence activity before such funds can be expended. Considers the anticipated transfer in any fiscal year of any aggregation of defense articles or services exceeding $1,000,000 in value by an intelligence agency to a recipient outside such agency as a significant anticipated intelligence activity.
Bill· HRH.R. 2636 (102nd)open
United States · United States Congress · 13 June 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· HRH.R. 2621 (102nd)referred
United States · United States Congress · 12 June 1991
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 - Makes appropriations for FY 1992 for the payment at maturity, or the redemption or buying before maturity, of a Government obligation included in the public debt for purposes of reducing a portion of such debt caused by borrowings to finance specified international affairs accounts. Title I: Multilateral Economic Assistance - Makes appropriations for FY 1992 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank) and the Global Environmental Facility of such bank; (2) the International Development Association; (3) the International Finance Corporation; (4) the Inter-American Development Bank and the Fund for Special Operations of such bank; (5) the Inter-American Investment Corporation; (6) the Enterprise for the Americas Investment Fund; (7) the Asian Development Bank; (8) the Asian Development Fund; (9) the African Development Fund; (10) the African Development Bank; and (11) the European Bank for Reconstruction and Development (EBRD). Limits the callable capital portion of the U.S. share of increases in the stock of the World Bank, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the EBRD. Requires the President to reduce from the amounts obligated for the International Development Association and the Asian Development Bank the U.S. proportionate share of any loans approved for China for non-basic human needs since October 1, 1991, if China is denied most-favored-nation trading status. Limits the amount of funds for the International Finance Corporation that may be expended for the purchase of stock. Directs the Secretary of the Treasury to instruct the U.S. executive director of the Inter-American Development Bank to oppose assistance to any recipient who refuses to agree to conduct procurement of goods or services utilizing Bank funds in a nondiscriminatory manner. Requires the Secretary to certify to the Appropriations Committees that none of the funds for the Asian Development Fund will be made available for China. Makes appropriations for FY 1992 for reports calculating loans, guarantees, and insurance commitments for credit programs within the international affairs (Budget Function 150) account: (1) the probability of repayment on loans and default on guarantees; (2) subsidy estimates for each country and credit program; and (3) risk assessments for each country within each credit program. Makes appropriations for FY 1992 for international organizations and programs. Prohibits such funds from being made available to the United Nations Fund for Science and Technology. Earmarks specified amounts of such funds for certain international organizations and United Nations programs. Provides that funds may be made available to the International Atomic Energy Agency only if the Secretary of State reports to the Congress that Israel is not being denied its right to participate in the Agency. Permits funds to be made available for the Tropical Forestry Action Plan (TFAP) only if the Secretary reports to the Congress that: (1) TFAP has been reorganized, with an international steering committee and secretariat independent of the Food and Agriculture Organization; (2) TFAP's responsibilities have been broadened to include areas outside the forestry sector; and (3) procedures exist to ensure increased participation in TFAP plans. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1992 for development assistance. Earmarks amounts for: (1) health and child survival activities and activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS); (2) development projects of private entities and cooperatives for dairy development; (3) the Vitamin A Deficiency Program and activities relating to iodine deficiency and other micro-nutrients; (4) U.S. participation in the Associate Professional Officers Program of the international food agencies; (5) activities relating to the control and prevention of River Blindness; (6) operations for blind children; (7) cooperative projects among the United States, Israel, and developing countries (with amounts made available for the Cooperative Development Program and cooperative development research projects); (8) the Central and Latin American Rural Electrification Support project; (9) technical assistance and training programs for Soviet and Czechoslovakian statisticians and economists; and (10) Soviet and East European research and training. Limits the amount to be made available for child survival activities for Laos. Earmarks amounts from funds made available for the Agency for International Development (AID) under this title for: (1) child survival activities; and (2) programs in support of basic education activities. Makes appropriations for FY 1992 for population planning assistance. Prohibits funding for coercive abortion or involuntary sterilization. Earmarks amounts for: (1) the AID Office of Population; and (2) the United Nations Population Fund (only for contraceptive commodities and related logistics). Prohibits such funds from being made available for programs in China. Applies prohibitions on the use of funds for abortion and involuntary sterilization to funds for the Fund. Requires the Fund to maintain such funds in a separate account, without commingling. Provides for the refund of such funds to the United States if the Fund provides more than a specified amount for family planning programs for China. Prohibits the obligation of any amount for the Fund if China is denied most-favored-nation trading status. Makes appropriations for FY 1992 for the Development Fund for Africa. Earmarks an amount for activities supported by the Southern African Development Coordination Conference. Provides for the transfer of a specified amount of such funds for the International Fund for Agricultural Development's Special Program for Subsaharan African Countries Affected by Drought and Desertification. Prohibits the transfer of funds appropriated by this Act to the Government of Zaire. Earmarks development assistance funds for: (1) displaced children; (2) children in Cambodia; (3) civilians injured as a result of civil strife and warfare; (4) women in development; and (5) Burmese students. Prohibits any development assistance funds from being made available to U.S. private and voluntary organizations (except cooperative development organizations) which obtain less than 20 percent of annual funding for international activities from sources other than the U.S. Government. Provides that such prohibition shall supersede certain provisions with respect to such organizations of the Foreign Assistance Act of 1961 and the Foreign Assistance and Related Programs Appropriations Act, 1985. Earmarks an amount of development assistance for humanitarian assistance to Romania (with amounts for AIDS activities, child health, foster care and adoption activities, and family planning, subject to certain conditions). Limits the amount of commitments for certain loan guarantees and direct loans under the Foreign Assistance Act of 1961. Makes appropriations for FY 1992 for: (1) American schools and hospitals abroad; (2) international disaster assistance; (3) the Foreign Service Retirement and Disability Fund; and (4) AID operating expenses. Requires AID, in order to effectively monitor the West Bank and Gaza program, to station one professional at either the Consulate General in Jerusalem or the embassy in Tel Aviv. Directs AID to increase the number of direct-hire professional environmental and energy staff by 20 over the number of such staff within AID at the end of FY 1991. Makes appropriations for FY 1992 for the AID Office of the Inspector General. Prohibits the use of funds from any Act to relocate the overseas offices of the Inspector General to a U.S. location without the Inspector General's approval. Requires the number of positions authorized for such office in Washington and overseas to be at least 251 by the end of FY 1992. Authorizes the Inspector General to establish a regional office in Europe to carry out responsibilities with regard to assistance for Eastern Europe. Makes appropriations for FY 1992 for: (1) modifying direct loans authorized under development and economic support assistance provisions of the Foreign Assistance Act of 1961 and under provisions of the Export-Import Bank Act of 1945; and (2) economic support fund (ESF) assistance. Earmarks amounts of ESF assistance for: (1) Israel; (2) Egypt, including an amount for the Commodity Import Program; (3) the West Bank and Gaza Program; and (4) scholarships or bicommunal projects for Cyprus. Authorizes funds for Egypt to be provided through cash transfer assistance if Egypt will undertake economic reforms. Expresses the sense of the Congress that the recommended levels of ESF assistance for Egypt and Israel are based on their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty. Prohibits ESF funds from being made available for El Salvador's Special Investigative Unit until the Secretary of State submits a plan of the El Salvadoran Government to transfer the Unit from military to civilian control. Prohibits ESF assistance to Zaire. Limits the amount of ESF assistance for tied aid credits and for humanitarian assistance for Armenia. Earmarks ESF assistance for technical assistance in support of democratic or market-oriented reforms for Estonia, Latvia, and Lithuania and eligible recipients in the Soviet Union that request such assistance. Permits such assistance to be provided only through the government of such state or republic or through nongovernmental organizations. Defines "an eligible recipient in the Soviet Union" as the government of any republic or local government that was elected through free and fair elections, any indigenous nongovernmental organization that promotes democratic reforms, human rights, the rule of law, or market-oriented reforms, or any Soviet governmental agency that promotes such reforms, provided that funds are not provided directly to such agency. Makes appropriations for FY 1992 for: (1) the U.S. contribution to the International Fund for Ireland; (2) the Multilateral Assistance Initiative for the Philippines; and (3) nonproject sector assistance for the Philippines. Requires the President, if the United States and the Government of the Philippines are unable to agree to a military base agreement, to report to the Appropriations Committees justifying requested or modified assistance levels for the Philippines in light of the failure to achieve such agreement. Makes appropriations for FY 1992 for economic assistance for Eastern Europe. Earmarks amounts of such assistance for: (1) technical assistance and training and for assistance to support housing sectors; (2) environment and energy activities; (3) activities to foster democratic pluralism; and (4) the Polish-American, Hungarian-American, and other Enterprise Funds and for other private enterprise activities. Makes appropriations for FY 1992 for: (1) independent agencies and the African Development Foundation; (2) the Inter-American Foundation; (3) the Overseas Private Investment Corporation (OPIC) for direct and guaranteed loan programs; (4) the Peace Corps (prohibits abortion funding); (5) international narcotics control; (6) the U.S. contribution to the International Red Cross and assistance to refugees; (7) the U.S. Emergency Refugee and Migration Assistance Fund; and (8) antiterrorism assistance. Earmarks amounts of migration and refugee assistance for: (1) refugees resettling in Israel; (2) Tibetan refugees; (3) voluntary repatriation of Hmong refugees from Thailand to Laos; and (4) overseas refugee programs. Limits the amount of such assistance to be made available to the Department of State Office of Refugee Programs. Title III: Military Assistance - Makes appropriations for FY 1992 for: (1) international military education and training (prohibits the use of such funds for countries whose annual per capita GNP exceeds $2,349 unless such countries agree to fund transportation and living allowances of their students and the provision of such funds to Zaire, Liberia, Sudan, and Somalia); (2) the foreign military financing program; and (3) peacekeeping operations. Earmarks amounts of foreign military financing for Israel and Egypt. Requires the interest rate on foreign military financing loans to be at least five percent annually. Makes available a specified amount of foreign military financing on a grant basis for Greece if Turkey receives financing on a grant basis. Prohibits foreign military financing for Zaire, Sudan, Liberia, or Somalia. Permits financing for Malawi to be provided only to support the Malawian military's efforts to secure the Nacala Railroad and for military activities to assist in the Mozambican peace process. Limits: (1) the amount of foreign military financing for the procurement of defense articles and services not sold by the U.S. Government for countries other than Israel and Egypt; (2) the amount of funds for administering military assistance and sales; (3) foreign military financing for Greece, Turkey, Portugal, and the Philippines; and (4) obligations with respect to the Special Defense Acquisition Fund. Permits the procurement of defense articles and services or design and construction services not sold by the U.S. Government only by countries for which assistance was justified for the foreign military financing program in the FY 1989 congressional presentation for security assistance programs. Directs the Department of Defense, as requested by the Defense Security Assistance Agency, to conduct audits of private firms whose contracts are made directly with foreign governments and are financed under this title. Requires the total of grants and direct loans provided for Greece and Turkey under the foreign military financing program to be made available according to a seven to ten ratio. Repeals a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 that concerns lowering the interest rate on certain foreign military sales. Title IV: Export Assistance - Authorizes the Export-Import Bank to make expenditures within the limit of funds and borrowing authority and to make any necessary contracts and commitments. Prohibits the use of Bank funds for nuclear exports to a non-nuclear weapon state. Makes appropriations for FY 1992 to subsidize gross obligations for the principal amount of direct loans, tied-aid grants, interest subsidies, and total loan principal under Export-Import Bank programs. Prohibits the use of such funds or the use of credits or grants to support the financing of any item covered by the U.S. Munitions List. Limits the amount available for administrative expenses of the Export-Import Bank. Makes appropriations for FY 1992 for: (1) administrative expenses incurred in connection with contracting for the issuance of and servicing of insurance and reinsurance or in lieu of contracting for the performance of services by the Export-Import Bank; and (2) the Trade and Development Program. Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for international organizations and programs) for any water or related land resource project which has not met specified standards and criteria for such projects proposed for construction in the United States. Limits the percentage of appropriations, with specified exceptions, that may be obligated during the last month of availability. Prohibits using certain funds appropriated or made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) making payments on procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds contained in title II of this Act to carry out the transfer of funds to international or multilateral lending organizations. Limits the amounts of funds made available under this Act to be used for: (1) official residence expenses, entertainment expenses, and representation allowances of AID; (2) entertainment expenses and representation allowances for foreign military financing programs, the Inter-American Foundation, and the Trade and Development Program; and (3) entertainment expenses for international military education and training programs and the Peace Corps. Prohibits the use of funds made available under this Act (other than funds for international organizations and programs) to finance the export of nuclear equipment, fuel, or technology. Prohibits the use of funds made available under this Act to: (1) assist any foreign government in repressing the legitimate rights of its population; (2) finance assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, Iran, or Syria (including assistance provided by the Export-Import Bank or its agents); or (3) finance assistance to any country whose elected head of government is deposed by military coup. Prohibits obligating funds made available under this Act under an appropriation account to which they were not appropriated, unless the President provides a written policy justification to the Appropriations Committees. Continues the availability of certain AID funds and funds for credit sales under the Arms Export Control Act, provided the Appropriations Committees are notified. Prohibits appropriations contained in this Act from remaining available after expiration of the current fiscal year, except as provided in this Act. Prohibits the use of funds made available under this Act to: (1) be used for publicity or propaganda purposes within the United States; (2) assist a country in default for more than a year on a U.S. loan under a program for which funds are appropriated under this Act (exempts from such prohibition funds for Nicaragua and for narcotics-related assistance for Colombia, Bolivia, and Peru); or (3) be made available for any international financial institution whose U.S. representative cannot obtain any document developed by or in the possession of the management, unless such representative certifies to the Appropriations Committees that such document's confidentiality is essential to the institution's operation. Prohibits the use of funds made available under this Act for direct assistance, the Export-Import Bank, and OPIC to finance any loan or other assistance to establish or expand production of any commodity for export by a foreign country if such commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity. Exempts the Export-Import Bank from such prohibition if the Bank determines that the benefits to industry and employment in the United States are likely to outweigh the injury to such producers. Prohibits making any of the funds appropriated under any Act available for any testing, study, variety improvement, or certain other activities related to the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States. Prohibits the use of funds appropriated to AID, other than funds to carry out the Caribbean Basin Initiative, to procure studies or assist in establishing facilities for the manufacture of import-sensitive articles that compete with U.S. exports. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of a similar or competing commodity. Sets forth congressional notification procedures for the obligation of specified funds made available under this Act. Waives notification requirements if there is a risk to human health or welfare. Limits expenditures for consulting services through procurement contracts. Prohibits using funds appropriated under this Act to lobby for abortion. Prohibits any of the international organizations and programs funds from being available for the U.S. proportionate share of any programs for the Palestine Liberation Organization (PLO), Libya, Iran, or, at the discretion of the President, Communist countries to which foreign assistance is prohibited. Prohibits the United States from making a contribution to the United Nations or any of its affiliated agencies if such an agency grants full membership to any organization that does not have the internationally recognized attributes of statehood. Authorizes Israel to use any loan made available under the Arms Export Control Act for which repayment is forgiven before using any other loan made available under such Act. Prohibits U.S. employees from recognizing or negotiating with the PLO so long as the PLO does not recognize Israel's right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism. Declares that it is U.S. policy that ESF assistance for Israel shall not be less than the annual debt repayment from Israel to the United States. Limits the amount to be used for a Democracy Contingency Fund. Requires congressional notification prior to making funds available for military aircraft in Central America. Directs the Secretary to notify specified congressional committees whenever helicopters or military aircraft are provided to Central American countries by any foreign country. Expresses the policy of the United States that sustainable economic growth must be predicated on sustainable use of natural resources. Directs the Secretary of the Treasury to: (1) instruct U.S. executive directors of the multilateral development banks to promote programs which address the problems of global climate change; and (2) promote reforms within the International Monetary Fund which address such problems. Requires the Secretary to report to the Congress on: (1) how natural resource management initiatives mandated by this Act have been incorporated in the Bush Administration's efforts to address third world debt (the Brady Plan); (2) progress made by the multilateral development banks in meeting standards set forth for programs to address global climate change; (3) the progress made by the Inter-American Development Bank in implementing environmental reforms; (4) each multilateral development bank's forestry sector and energy sector loans and their impact on carbon dioxide emissions; and (5) the progress made by the World Bank in implementing the recommendations set forth in a certain report on debt-for-nature swaps. Directs the AID Administrator to: (1) update and issue guidance to all AID bureaus detailing the elements of a Global Warming Initiative to emphasize the need to reduce emissions of greenhouse gases and to accelerate sustainable development strategies; (2) increase the number and expertise of personnel devoted to the Initiative; (3) accelerate the activities of the Multi-Agency Working Group on Power Sector Innovation; (4) focus tropical forestry assistance programs on the key middle- and low-income developing countries projected to contribute large amounts of greenhouse gases to the environment; (5) assist countries in developing an analysis of the appropriate use of their total tropical forest resources, with the goal of developing national programs for sustainable forestry; and (6) focus energy assistance activities on the key countries. Prohibits making any funds appropriated by this Act available for activities that would: (1) result in any significant loss of tropical forests; or (2) involve commercial timber extraction in primary tropical forest areas unless an environmental assessment meeting certain conditions is made. Permits the use of certain funds for programs to support tropical forestry and energy programs aimed at reducing greenhouse gas emissions in key countries, subject to certain conditions. Earmarks funds for: (1) environment and energy activities (with amounts for biological diversity activities, renewable energy projects, elephant conservation and preservation, and the AID Office of Energy); and (2) the creation of a fund to support global participation in the Montreal Protocol on Substances that Deplete the Ozone Layer, provided that such funds are not contributed to developing countries that are not parties to the Protocol. Prohibits the use of development assistance funds to pay for: (1) abortions or involuntary sterilizations as a method of family planning or to motivate or coerce any persons to practice abortions or undergo sterilization; or (2) any biomedical research concerning abortions or involuntary sterilization as a method of family planning. Reaffirms the congressional commitment to population, development assistance and the need for informed voluntary family planning. Earmarks specified amounts of development and economic assistance appropriated by this Act for the Afghan people. Requires the AID Administrator to ensure that an equitable portion of such funds is made available to benefit Afghan women and girls. Prohibits making any of the funds appropriated by this Act available to a private voluntary organization which fails to provide the records necessary for an AID audit or which is not registered with AID. Withholds a specified amount of military aid and financing from El Salvador until the President reports to the Appropriations Committees that El Salvador has: (1) substantially concluded all investigations with respect to those responsible for the January 1981 murders of specified U.S. and Salvadoran land reformers; and (2) pursued all legal avenues to bring to trial and obtain a verdict of those responsible for such murders and for the deaths of certain peasants, priests, and trade unionists. Expresses the sense of the Congress that all countries receiving U.S. foreign aid should cooperate in facilitating lasting solutions to refugee situations. Prohibits making any of the funds appropriated by this Act available for: (1) costs of Ethiopia's forced resettlement or villagization programs; or (2) Sudan, Uganda, Liberia, Lebanon, Zaire, Yemen, Guatemala, Chile, or Somalia, except through regular congressional notification procedures. Earmarks certain appropriated funds for child survival activities and activities relating to research on, and the treatment and control of, AIDS in developing countries. Permits ESF funds to be provided to Chile to support the efforts of private individuals and groups to develop a national consensus on the importance of an independent judiciary and the administration of justice. Prohibits making any of the funds appropriated under this Act available to finance indirectly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, Iran, or Syria unless the President certifies that the withholding of these funds is contrary to the national interest of the United States. Amends the Arms Export Control Act to extend waiver authority with respect to reciprocal leasing agreements through FY 1992. Requires delivery of defense equipment (permitted under special authority during unforeseen emergencies) within 120 days of congressional notification. Sets forth additional notification requirements with respect to the transfer of excess defense equipment to NATO. Requires the Secretary of State to transmit copies of all debt relief agreements to the appropriate congressional committees. Continues the funding of Middle East regional cooperative programs. Expresses the sense of the Congress that: (1) the U.S. Government should use its influence in the Asian Development Bank to secure reconsideration of the decision to designate Taiwan as "Taipei, China"; and (2) the Asian Development Bank should resolve this dispute in a fashion that is acceptable to Taiwan. Prohibits the use of funds provided under any Act for the sale of M-833 or comparable antitank shells containing a depleted uranium penetrating component to any country except a NATO member country, major non-NATO ally, or Taiwan. Allows earmarked funds to be reprogrammed for other programs within the same account if: (1) compliance with the earmark is made impossible by any Act; or (2) with respect to countries with which the United States has base access agreements, the President determines that the recipient of funds has reduced its military or economic cooperation with the United States. Requires the President, before funds for such countries are reprogrammed, to provide a written policy justification to the Appropriations Committees. Subjects such reprogramming to the regular notification procedures of such committees. Provides for U.S. opposition to assistance to terrorist countries by international financial institutions. Prohibits bilateral assistance to such countries. Earmarks amounts of ESF assistance for: (1) scholarships to disadvantaged South Africans; and (2) Peru, Bolivia, Colombia, and Ecuador, provided such countries are making progress in certain narcotics control efforts. Permits development and ESF assistance to be made available to Bolivia, Peru, Colombia, Ecuador, and Jamaica for reducing dependence on the production of crops from which narcotic and psychotropic drugs are derived. Limits the amount of foreign military financing to be made available for Bolivia, Peru, and Colombia. Prohibits such financing for any government that engages in a consistent pattern of human rights violations. Permits funds to be made available for training and equipment for narcotics law enforcement agencies in Colombia, Bolivia, and Peru (except for Peru's Sinchi Police). Prohibits assistance to countries which fail to take measures to prevent illicit drugs from being sold to U.S. Government personnel or from entering the United States illegally. Earmarks amounts of assistance made available to AID for narcotics education and awareness programs and narcotics related economic assistance activities. Requires that any agreement for the sale or provision of any article on the U.S. Munitions List shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus. Directs the President to report to the Congress when such equipment is used for such purposes. Permits the commercial leasing of defense articles (other than major defense equipment) by Israel, Egypt, NATO countries, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale. Limits the amount of ESF and development assistance to be made available for humanitarian and development assistance for Cambodians. Terminates assistance to any Cambodian organization that is cooperating with the Khmer Rouge in their military operations. Requires the President to report to the Speaker of the House and the President of the Senate on the extent of military cooperation between the Khmer Rouge and the non-Communist resistance. Provides that funds made available for humanitarian assistance for Cambodian children shall also be available for civilian victims of war. Provides that all AID contracts and solicitations shall require U.S. marine insurance companies to have a fair opportunity to bid for marine insurance. Expresses the sense of the Congress that funds made available for the International Fund for Ireland should be allocated to programs which emphasize jobs creation in areas having the highest rates of unemployment. Prohibits the use of certain assistance provided under this Act for assistance to Afghanistan if such assistance would be provided through the Soviet-controlled government of Afghanistan. Requires at least 25 percent of ESF assistance for El Salvador to be used for certain development projects and activities in accordance with the Foreign Assistance Act of 1961. Requires at least ten percent of FY 1990 development assistance and assistance for the Development Fund for Africa (unless the AID Administrator determines otherwise) to be made available only for U.S. organizations and individuals that are: (1) business concerns or private organizations owned and controlled by socially and economically disadvantaged individuals; (2) historically black colleges or universities; and (3) colleges and universities in which more than 40 percent of the students are Hispanic American. Directs the Administrator to: (1) utilize the authority of the Small Business Act; (2) enter into contracts with such entities using less than full and open competitive procedures; and (3) issue regulations requiring contracts in excess of $500,000 to provide that at least ten percent of the contract shall be subcontracted to such entities. Requires AID personnel with contracting authority to notify the AID Office of Small and Disadvantaged Business Utilization before advertising contracts in excess of $100,000. Directs the Administrator to: (1) include as part of the performance evaluation of any mission director such director's efforts to carry out such activities; and (2) report annually to the Congress on the implementation of such program. Prohibits the United States from selling or making available Stinger missiles to any Persian Gulf country. Prohibits the provision of funds appropriated under this Act to any person undertaking an action prohibited by U.S. law. Authorizes nongovernmental organizations which receive AID economic assistance to invest any local currencies which accrue to such organizations as a result of such assistance. Earmarks a specified amount of development and ESF assistance for Lebanon. Sets forth the value of additions to be made to stockpiles in Israel during FY 1992. Extends the period during which the President may waive prohibitions on assistance to Pakistan to April 1, 1993. Prohibits the obligation or expenditure of funds for Pakistan except through the notification procedures of the Committees on Appropriations. Sets forth requirements for the maintenance of separate accounts for, and the use of, local currencies, cash transfers, and non-project sector assistance. Prohibits the use of funds appropriated by this Act for: (1) any member of the Nicaraguan resistance who has not disarmed and is not abiding by the terms of the cease-fire agreement and the addenda to the Toncontin Agreement; and (2) payments to international financial institutions that compensate U.S. directors in excess of specified rates. Sets forth human rights reporting requirements for the Secretary of State. Prohibits the use of funds appropriated by this Act to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President certifies to the Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in such country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. Authorizes the President to prohibit the importation into the United States of products of any foreign country that has not prohibited the importation of Iraqi products and the export of its products to Iraq. Requires the Secretary of the Treasury, in all negotiations concerning the EBRD, to seek: (1) establishment of procedures for environmental assessment of all proposed operations with significant environmental impacts; (2) establishment of an environmental unit to review operations and monitor compliance with environmental provisions; (3) establishment of procedures for consultation with and involvement of the public in the development of EBRD policies; and (4) agreement that a significant portion of EBRD funds shall be devoted to environmental restoration and protection projects. Repeals a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 which made excess defense articles avilable to countries supporting Operation Desert Shield. Prohibits the use of funds appropriated by this Act to finance the procurement of chemicals or chemical agents that may be used for chemical weapons production. Prohibits ESF and foreign military financing assistance for Kenya unless the President certifies to the Congress that the Kenyan Government is taking steps to: (1) charge and try or release all prisoners and cease mistreatment of prisoners; and (2) restore the independence of the judiciary and freedoms of expression. Requires the delivery of excess defense articles to NATO allies and major non-NATO allies on the southern and southeastern NATO flanks to be given priority over the delivery of such articles to other countries. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to revise the amount of defense articles and services authorized to be drawn down for Israel. Prohibits the use of funds appropriated by this Act to implement the Chief Financial Officers Act of 1990. Directs the President to submit to the Senate Foreign Relations Committee and the House Foreign Affairs Committee: (1) a U.S. plan for establishing a multilateral regime to restrict transfers of arms to the Middle East; and (2) an analysis of the feasibility and potential elements of such regime. Prohibits the United States from agreeing to any transfers of major military equipment to the Middle East and Persian Gulf region unless the President submits such plan and analysis and reports that there has been agreement by another major arms supplier on or after May 21, 1991, to transfer such equipment to any nation in the region. Exempts from such prohibition emergency or replacement transfers or transfers pursuant to agreements entered into before May 21, 1991. Requires the President to report to the Senate Foreign Relations Committee and the House Foreign Affairs Committee on: (1) all transfers of conventional and unconventional arms to the Middle East; (2) the current military balance in the region; (3) the operation of any agreements comprising the arms transfer and control regime; and (4) supplier nations that have refused to participate in such a regime or that have engaged in conduct that violates or undermines the regime. Directs the President to seek negotiations among, and undertake efforts to convene a conference of, the five members of the United Nations Security Council and other nations, as appropriate, to establish a multilateral arms transfer and control regime with respect to the Middle East and Persian Gulf region. Declares that the purpose of such regime should be to: (1) limit the proliferation of conventional weapons and ballistic missile technologies and systems and halt the proliferation of unconventional weapons; (2) maintain the military balance in the region through the reduction of conventional weapons and the elimination of unconventional weapons; and (3) promote regional arms control in such region.
Law· HRH.R. 2608 (102nd)enacted
United States · United States Congress · 11 June 1991
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992 - Title I: Department of Justice and Related Agencies - Department of Justice and Related Agencies Appropriations Act, 1992 - Makes FY 1992 appropriations to the Department of Justice for: (1) Office of Justice programs; (2) general administration, including the Office of Inspector General; (3) the United States Parole Commission; (4) legal activities; (5) interagency law enforcement; (6) the Federal Bureau of Investigation (FBI); (7) the Drug Enforcement Administration (DEA); (8) the Immigration and Naturalization Service; and (9) the Federal Prison System. Allows a percentage of the total income of the Working Capital Fund to be retained for the acquisition of capital equipment and for the improvement and implementation of the Department's financial management and payroll/personnel systems. Allows unobligated balances for FY 1992 to be transferred to such Fund for such purposes. Amends the Immigration and Nationality Act to make funds available from the Immigration Legalization Fund for grants, contracts, and cooperative agreements to community-based organizations for outreach programs to be administered by the Office of Special Counsel for Immigration-Related Unfair Employment Practices. Authorizes the Federal Prison Industries, Incorporated, to make expenditures within the limits of funds and borrowing authority available to carry out its program. Limits the administrative expenses of such corporation. Continues certain authorities for FBI and DEA undercover investigative operations. Prohibits the use of funds to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape. Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion. Makes appropriations for the following related agencies for FY 1992: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission; (3) the Federal Communications Commission; (4) the Federal Maritime Commission; (5) the Federal Trade Commission; (6) the Securities and Exchange Commission; and (7) the State Justice Institute. Title II: Department of Commerce - Department of Commerce Appropriations Act, 1992 - Makes FY 1992 appropriations to the Department of Commerce for: (1) the National Institute of Standards and Technology; (2) the National Oceanic and Atmospheric Administration; (3) general administration, including the Office of Inspector General; (4) the Bureau of the Census; (5) economic and statistical analysis; (6) the International Trade Administration; (7) export administration; (8) the Minority Business Development Agency; (9) the United States Travel and Tourism Administration; (10) the Patent and Trademark Office; (11) the Technology Administration; (12) the National Telecommunications and Information Administration; and (13) the Economic Development Administration. Prohibits the use of funds under this Act to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve. Prohibits the use of funds to reimburse the Unemployment Trust Fund or any other account of the Treasury to pay unemployment compensation for temporary census workers for services performed after April 20, 1990. Sets forth conditions under which foreign companies are eligible to receive assistance under the Advanced Technology program. Title III: The Judiciary - Judiciary Appropriations Act, 1992 - Appropriates FY 1992 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Courts of Appeals, district courts, and judicial services; (5) the Administrative Office of the United States Courts; (6) the Federal Judicial Center; and (7) the U.S. Sentencing Commission. Makes funds available for the Temporary Emergency Court of Appeals and the Special Court established under the Regional Rail Reorganization Act of 1973. Directs the Judicial Conference of the United States to prescribe reasonable fees for public access to case information through automatic data processing equipment. Title IV: Related Agencies - Appropriates FY 1992 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Christopher Columbus Quincentenary Jubilee Commission; (3) the Commission on Agricultural Workers; (4) the Commission on the Bicentennial of the United States Constitution; (5) the Commission on Security and Cooperation in Europe; (6) the Competitiveness Policy Council; (7) the Marine Mammal Commission; (8) the Martin Luther King, Jr. Federal Holiday Commission; (9) the Office of the United States Trade Representative; (10) the Legal Services Corporation; and (11) the Small Business Administration. Title V: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1992 - Appropriates FY 1992 funds for: (1) the Department of State for the administration of foreign affairs; (2) the Arms Control and Disarmament Agency; (3) the Board for International Broadcasting; (4) the Commission for the Preservation of America's Heritage Abroad; (5) the International Trade Commission; (6) the Japan-United States Friendship Commission; (7) the United States Information Agency; and (8) the Eisenhower Exchange Fellowship Program. Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act. Requires FY 1992 pay raises to be absorbed within the levels appropriated in this Act. Prohibits the use of funds to implement the Chief Financial Officers Act of 1990 (Public Law 101-576).
Bill· SS. 1241 (102nd)passed
United States · United States Congress · 6 June 1991
Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods - Safer Streets and Neighborhood Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration.) Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; and (3) committing certain homicides and attempted homicides involving firearms in Federal facilities. Increases penalties for international terrorist acts. Provides for the imposition of the death penalty for terrorist murders. Subtitle D: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations. Part II: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle E: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle F: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (a fine and up to 25 years' imprisonment); or (2) death (a fine, life imprisonment, or, in a case of first degree murder, a sentence of death). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Establishes penalties for knowingly failing to acquire the proper form with respect to the lawful transfer, transport, shipping, receipt, or possession of an assault weapon. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Police Officers' Bill of Rights Act of 1991 - Police Officers' Bill of Rights Act of 1991 - Amends the Omnibus Act to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour, and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning. Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits. Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board. Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act. Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rules, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act. Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act, subject to specified limitations. Specifies that the sovereign immunity of a State shall not apply in the case of such a violation. Specifies that this Act does not preempt State law or collective bargaining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act. Title X: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title XI: Habeas Corpus Reform Act - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XII: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Subtitle A: Increased Penalties for Gun Offenses - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person: (1) if the killing is a first degree murder, be sentenced to death, life imprisonment, or any term of years, fined, or both; and (2) if the killing is other than a first degree murder, be fined, imprisoned for life or any term of years, or both. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for discharging, using, carrying, or otherwise possessing a firearm during and in relation to such crime to five to ten years for firearm, ten to 15 years for an assault weapon, short-barreled rifle, or short-barreled shotgun, and 30 years for a machine gun, destructive device, or firearm equipped with a silencer or muffler. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Subtitle B: Firearms and Related Amendments - Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Defines "burglary" to mean any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense. Prohibits the court from placing on probation or suspending the sentence of any person sentenced pursuant to (currently, convicted of) a provision enhancing penalties for the use of a firearm during and in relation to any crime of violence or drug trafficking crime. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Subtitle C: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title XIII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions.) Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIV: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XVI: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offense involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVII: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after which the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVIII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a minor (other than the offender) was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both. Defines "minor" as a person less than 18 years of age. Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination. Title XIX: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and termination date. Title XX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Title XXI: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXII: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXIII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIV: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court, with respect to probation or supervised release, and by the U.S. Parole Commission, with respect to parole) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy. Title XXV: Maximum Penalty Increases for Violent Crimes - Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) certain civil rights violations (including damage to religious property); (4) interstate and foreign travel or transportation in aid of racketeering enterprises; and (5) conspiracy to commit murder for hire. Specifies that, in determining the equitable share of proceeds for a State or local law enforcement agency from a drug-related asset seizure under CSA provisions, the Attorney General shall not retain more than ten percent of the total proceeds to cover the costs of administrative expenses. Title XXVI: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title XXVII: Brady Handgun Violence Prevention Act - Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of a copy of the statement to the chief law enforcement officer of the place of residence of the individual within one day after furnishing such statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Specifies that a chief law enforcement officer shall not be liable to any person for action taken by the officer to ascertain whether a transferee of a handgun has a criminal record or whether there is any other legal impediment to the transferee receiving a handgun under any Federal, State, or local law, except a law that specifically provides for such liability. Directs the Attorney General, subject to appropriations, to make a grant to an eligible State for the direction of a computerized criminal history record system or improvement of an existing system and to defray the cost to State and local law enforcement agencies in conducting background checks on prospective handgun purchasers. Specifies the allocation of grant funds. Authorizes appropriations.
Bill· HJRESH.J.Res. 265 (102nd)referred
United States · United States Congress · 4 June 1991
Constitutional Amendment - Prohibits fiscal year expenditures from exceeding receipts, unless the Congress approves a specific excess by three-fifths rollcall vote in each House. Authorizes the Congress to waive such prohibition when a declaration of war is in effect.
Bill· HRH.R. 2508 (102nd)failed
United States · United States Congress · 3 June 1991
International Cooperation Act of 1991 - Title I: Economic Assistance - Amends the Foreign Assistance Act of 1961 to revise policy provisions concerning economic assistance. Sets forth the objectives of U.S. development cooperation policy and economic assistance programs as the: (1) promotion of broad based economic growth; (2) improvement of resource management to bring about environmentally and economically sustainable patterns of development; (3) alleviation of poverty through the development of human resources; and (4) promotion of democracy, respect for human rights, and social and economic pluralism. Requires the President to use the authorities of this Act to provide assistance to meet long-term development needs in developing countries. Authorizes the President to provide such assistance to promote specified activities contributing to broad based, sustainable, and participatory development and economic growth. Authorizes appropriations for FY 1992 and 1993 for development assistance. Earmarks specified amounts for health improvement, child survival activities, prevention and control of acquired immune deficiency syndrome (AIDS), and reducing vitamin A deficiency. Authorizes appropriations for FY 1992 and 1993 for population planning assistance. Earmarks a specified amount for the United Nations Population Fund if: (1) the Fund maintains such funds in a separate account, without commingling; (2) none of the funds are made available for China; and (3) any agreement to obligate such funds expressly states that funds will be refunded to the United States if used for family planning in China or abortions in any country. Prohibits the denial of funds for population activities to nongovernmental or multilateral organizations on the basis of any criterion that is not applicable to foreign governments. Authorizes the President to use development and economic support assistance and assistance from the Development Fund for Africa to support human rights and activities to improve the performance of democratic institutions and to promote democracy. Requires a substantial portion of such assistance to be provided to nongovernmental organizations. Prohibits such assistance from being used to influence the outcome of an election in any country. Permits Development Fund for Africa assistance to be used only for countries in Subsaharan Africa. Authorizes the use of such assistance for: (1) development education programs to educate U.S. citizens about developing countries; and (2) nongovernmental organizations to carry out programs concerned with the economic and social development of such countries. Authorizes the President, acting through the administrator of the agency responsible for administering this title (administering agency), to provide assistance for microenterprises in developing countries. Directs the agency to establish specified criteria for determining the financial intermediaries that will receive such assistance. Requires a significant portion of such assistance to be used to support direct credit assistance by, and the institutional development of, financial intermediaries with a primary emphasis on assisting people living in absolute poverty, especially women. Outlines funding sources for such assistance. Permits the President, in order to generate local currencies for providing such assistance, to use development and economic support assistance or assistance from the Development Fund for Africa to provide assistance to developing countries on a loan basis repayable in local currencies. Sets forth minimum levels of assistance to be provided under this Act. Requires the administrator to develop a monitoring system to evaluate the administering agency's microenterprise development activities. Earmarks amounts out of funds for development assistance and assistance for the Development Fund for Africa for private voluntary organizations for FY 1992 and 1993. Requires agencies responsible for environmental programs in developing countries to prepare initial examinations to ensure that such programs are environmentally sustainable. Declares that beneficiary countries should bear a share of the costs of development assistance programs under this Act. Prohibits funds made available under this title from being used for military or paramilitary purposes. Authorizes the President to furnish economic support assistance to countries and organizations to promote economic or political stability. Authorizes appropriations for FY 1992 and 1993 for such assistance. Declares that economic support assistance should be provided through commodity import programs, project assistance, sector programs, or the provision of U.S. goods and services. Permits such assistance to be provided as a cash transfer only pursuant to an agreement requiring that the country spend an amount equal to such transfer to purchase U.S. goods and services. Requires such agreements to include provisions to ensure that representatives of the U.S. Comptroller General have access to necessary records and personnel for monitoring and auditing purposes. Exempts from such requirements countries which: (1) receive less than $25,000,000 cash transfer assistance annually; or (2) have certain agreements with the United States. Authorizes the President to waive the requirements of this section when it is in the national interest. Authorizes appropriations for FY 1992 and 1993 for contributions to international organizations. Earmarks specified amounts of such funds for: (1) the United Nations Development Program; (2) the United Nations Children's Fund; (3) the United Nations Environmental Program; (4) the International Fund for Agricultural Development; (5) the Special Program for Africa of the International Fund for Agricultural Development; (6) the United Nations University; and (7) the Organization of American States (OAS) for purposes of establishing an electronic network for the exchange of science and technology information among universities in OAS member countries. Authorizes funds to be earmarked for the International Atomic Energy Agency only if the Secretary of State reports to the appropriate congressional committees that Israel is not being denied the right to participate in the Agency. Applies evaluation and auditing procedures for the International Bank for Reconstruction and Development and the Asian Development Bank to the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, and the Asian Development Fund. Revises provisions concerning the housing and urban development guarantee program. Raises the limit on: (1) the face value of guarantees with respect to any country; (2) the average face value of guarantees; and (3) the total principal amount of guarantees issued. Authorizes appropriations for the program for FY 1992 and 1993. Terminates authorities with respect to housing guarantees after FY 1993. Authorizes assistance to be provided to developing countries to support private sector activities meeting specified criteria. Permits the President to issue guarantees assuring against losses incurred in connection with loans made for such activities. Sets forth terms and conditions for such guarantees. Authorizes the President to make direct loans for such activities, subject to certain conditions. Establishes ceilings for direct loans and for contingent liability for guarantees. Authorizes appropriations for FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for: (1) international disaster assistance; and (2) American schools, libraries, and hospital centers abroad. Permits the President to use development or economic support assistance or assistance from the Development Fund for Africa for grants to, or contracts with, nongovernmental organizations to enable such organizations to: (1) purchase debt obligations owned by developing countries to commercial lending institutions or other private parties; and (2) cancel such obligations subject to the President's approval, to the extent that such countries make available assets or policy commitments to promote the objectives of this title. Authorizes grantees or contractees to retain interest earned on the proceeds of debt-for-development or debt-for-environment purchases or exchanges pending the disbursement of such proceeds and interest for the purposes for which assistance was provided. Authorizes appropriations for FY 1992 and 1993 for operating expenses of the administering agency and of the Office of the Inspector General of such agency. Permits development or economic support assistance or assistance from the Development Fund for Africa to be used for such expenses, subject to a specified limitation. Requires the President to establish a program performance evaluation capacity to: (1) develop a program performance information system to afford the administering agency's managers a means for monitoring achievement of impact and interim performance of the agency's major programs; (2) prepare and disseminate reports on the agency's progress in meeting development objectives for major assistance categories and recipient countries; (3) strengthen the implementation of foreign assistance projects; and (4) coordinate with the Inspector General of such agency to ensure complementarity of efforts. Directs the President to report annually to the Congress on: (1) progress toward achieving the four basic objectives set forth under this title; and (2) a country-by-country analysis of the impact on economic development in each country during the preceding three to five years of U.S. economic assistance programs, with a discussion of U.S. interests that were served by such assistance. Requires the President to maintain within the administering agency a Center for University Cooperation in Development and a Center for Voluntary Cooperation in Development. Provides that the respective purposes of such centers shall be to strengthen the partnership for development between the U.S. Government and: (1) U.S. and developing country institutions of higher education engaged in education, research, and public service programs relevant to developing countries; and (2) U.S. private voluntary organizations, cooperatives, and credit unions engaged in activities relevant to such countries. Authorizes funds from development assistance and assistance from the Development Fund for Africa to be made available for the Centers. Requires the agency administrator to establish a permanent Advisory Committee on Voluntary Cooperation in Development. Title II: Military Assistance, Related Assistance, and Military Sales Programs - Chapter 1: Consolidation and Revision of Assistance Authorities - Revises policy provisions concerning military assistance. Revises the President's authority to furnish military assistance to friendly countries to permit the President to: (1) finance the sale of defense articles or services; or (2) finance the procurement of such articles (under certain circumstances) by any member country of the North Atlantic Treaty Organization (NATO) or any major non-NATO ally through leases from U.S. commercial suppliers. Requires sales under the Defense Trade and Export Control Act (formerly, the Arms Export Control Act) which are wholly paid from funds made available on a grant basis under this Act or were transferred or made available under former authorities prior to this Act's enactment to be priced to exclude the costs of salaries of members of the U.S. armed forces (other than members of the Coast Guard) and unfunded estimated costs of civilian retirement and other benefits. Prohibits assistance from being furnished under this chapter in any case involving coproduction or licensed production outside the United States of any defense article of U.S. origin unless the President furnishes full information on the proposed transaction to the appropriate congressional committees. Prohibits the obligation of certain assistance for the procurement of: (1) any vessel of war built pursuant to a prime contract awarded to a foreign shipyard; or (2) any weapons system or other major system for a vessel of war built pursuant to such a contract awarded to a foreign rather than a U.S. shipyard because of unfair foreign competition. Exempts from such prohibition vessels of war built in the foreign country which is the recipient of such assistance or built pursuant to a prime contract signed before the effective date of this Act. Permits military assistance to be provided for civic action in Africa. Authorizes assistance provided under this chapter to be on a grant, credit, or guarantee basis. Outlines criteria to be considered by the President in determining the terms of assistance. Requires repayment in U.S. dollars within 12 years of the signature of a loan agreement for credit assistance. Provides that the interest rate on such loans shall be at least five percent annually. Outlines disbursement procedures for funds used to finance the procurement of defense articles and services. Makes such assistance available to a foreign country to make payments to the United States for credits or loans for defense articles or services granted under predecessor military sales or assistance legislation. Revises provisions concerning eligibility for the receipt of defense articles or services and makes them applicable to the financing of such articles or services. Makes defense articles sold or leased under the Defense Trade and Export Control Act or furnished under predecessor foreign assistance or military sales legislation subject to the eligibility provisions of this title. Directs the President to establish controls to make financed commercial arms sales subject to monitoring and auditing requirements no less stringent in accountability than requirements of Federal Acquisition Regulation applicable to sales under the Defense Trade and Export Control Act relating to improper business practices and personal conflict of interest. Incorporates provisions of the Arms Export Control Act concerning the opinion of the U.S. Arms Control and Disarmament Agency with respect to furnishing assistance. Authorizes appropriations for military assistance and sales for FY 1992 and 1993. Sets aside two percent of appropriations for military financing for assistance to eligible countries for which the Congress has not specified an amount of assistance. Revises provisions concerning transfers of excess defense articles for the modernization of defense capabilities. Requires excess defense articles to be made available to maintain the military balance in the Eastern Mediterranean. Requires the President to ensure, over a three-year period beginning in FY 1992, that the ratio of the value of such articles made available for Turkey to those made available for Greece closely approximates the ratio of the amount of foreign military financing provided for Turkey to the amount provided for Greece. Revises provisions concerning the transfer of excess defense articles to: (1) eligible major drug producing or transit countries (currently, major drug producing countries in Latin America and the Caribbean); and (2) eligible countries, international organizations, or private voluntary organizations for natural resources and wildlife management. Makes provisions concerning transportation and related costs of such articles under provisions governing transfers for the modernization of military capabilities applicable to transfers for counternarcotics or natural resource and wildlife management purposes. Adds to the list of conditions for such transfers that the transfer of articles is preferable to selling them. Sets forth congressional notification requirements. Permits transfers for natural resource and wildlife management purposes to be made available without cost to the recipient. Excludes certain excess defense articles from the annual ceiling on transfers. Revises provisions concerning military personnel detailed overseas for management of military assistance programs. Requires at least one person assigned to each country to be responsible for monitoring international security assistance. Authorizes appropriations for FY 1992 and 1993 for: (1) international military education and training; and (2) peacekeeping operations. Revises provisions concerning the location of stockpiles. Places a ceiling on the value of additions to stockpiles during FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for antiterrorism assistance. Revises provisions concerning special drawdown authorities. Authorizes the President to direct the drawdown of Department of Defense commodities or services for: (1) international narcotics control assistance; (2) international disaster assistance; or (3) assistance under the Migration and Refugee Assistance Act of 1962. Places a ceiling on articles and services provided for such assistance. Raises the ceiling on the value of defense articles and services authorized to be provided under existing emergency authorities. Makes the Secretary of Defense responsible for establishing priorities in the procurement, delivery, and allocation of defense articles and services. Requires the President to appoint one officer to coordinate security assistance programs. Prohibits personnel overseeing the management of assistance programs or providing defense services or military education and training overseas from performing combatant duties. Makes technical and conforming amendments to the Arms Export Control Act. Revises a provision regarding the Guaranty Reserve Fund and redesignates the Fund as the Foreign Military Loan Liquidating Account. Repeals a provision concerning the availability of funds for procurement of defense articles and services outside the United States. Permits the President to waive requirements under the Foreign Assistance Act of 1961 concerning the disposition of defense articles and services furnished before the effective date of this title. Chapter 2: Foreign Military Sales Program - Amends the Arms Export Control Act to rename such Act as the Defense Trade and Export Control Act. Repeals a provision concerning purposes for military sales or leases. Deems references to the Arms Export Control Act to be references to the Defense Trade and Export Control Act. Requires the President to take the following steps to address financial management problems with respect to payments on account of foreign military sales: (1) establish a new account for the deposit of funds for sales entered into after September 30, 1992, to isolate such financial transactions from previous sales; (2) establish a centralized accounting system; (3) improve coordination and conformity among the accounting and billing systems of each of the military services; and (4) reconcile the discrepancies between reported disbursements and reported performance with respect to such sales. Directs the President to notify the Congress before: (1) designating a country as a major non-NATO ally; or (2) terminating such a designation. Deems Australia, Egypt, Israel, Japan, and the Republic of Korea to have been so designated by the President. Raises the threshold on the dollar amount of defense equipment or services on which the President is required to submit specified certifications. Revises provisions concerning presidential certifications and congressional procedures for certain arms transfers. Sets forth conditions under which New Zealand is eligible for shorter congressional review procedures. Adds to the list of information required in the President's quarterly report on military exports information on all concluded defense coproduction agreements. Imposes sanctions on foreign parties to coproduction agreements that violate restrictions concerning unauthorized third party transfers or unauthorized dispositions of defense articles or services or technical data if the President so notifies the Congress or the Congress so determines by joint resolution. Lists such sanctions as: (1) the suspension of authority to produce defense articles abroad pursuant to such agreements; and (2) a prohibition on the issuance and approval of licenses with respect to the foreign party. Disqualifies for financing under the Foreign Assistance Act of 1961 for 12 months any contracts of a person convicted or debarred for a violation of international traffic in arms regulations under the Defense Trade and Export Control Act. Exempts international organizations from a prohibition on the issuance of export licenses for items on the U.S. Munitions List to foreign persons. Requires the President to review biennially and revise, as necessary, international traffic in arms regulations. Provides that charges for defense articles that are not major defense equipment sold or licensed for export under the Defense Trade and Export Control Act shall exclude nonrecurring costs of research on or development or production of such articles. Repeals provisions concerning: (1) discrimination; (2) restraint in arms sales to Subsaharan Africa; (3) foreign military sales credit standards; (4) foreign military sales to less developed countries; and (5) the crediting of registration fees. Chapter 3: Other Provisions - Prohibits funds authorized by any Act from being made available to facilitate the sale of M-833 antitank shells or comparable shells containing a depleted uranium penetrating component to any country other than a NATO member or major non-NATO ally. Sets forth U.S. policy with respect to arms transfers to the Middle East and Persian Gulf region. Requires the President to seek negotiations among, and undertake efforts to convene a conference of, the five members of the United Nations Security Council and other nations, as appropriate, to establish a multilateral arms transfer and control regime with respect to the Middle East and Persian Gulf region. Declares that the purpose of such regime should be to: (1) limit the proliferation of conventional weapons and ballistic missile technologies and systems and halt the proliferation of unconventional weapons; (2) maintain the military balance in the region through the reduction of conventional weapons and the elimination of unconventional weapons; and (3) promote regional arms control in such region. Directs the President to submit to the Senate Foreign Relations Committee and the House Committee on Foreign Affairs: (1) a U.S. plan for establishing a multilateral regime to restrict transfers of arms to the Middle East; and (2) an analysis of the feasibility and potential elements of such regime. Prohibits the United States from agreeing to any transfers of major military equipment to the Middle East and Persian Gulf region unless the President submits such plan and analysis and reports that there has been agreement by another major arms supplier on or after May 21, 1991, to transfer such equipment to any nation in the region. Exempts from such prohibition emergency or replacement transfers or transfers pursuant to agreements entered into before May 21, 1991. Requires the President to report to the Senate Foreign Relations Committee and the House Foreign Affairs Committee on: (1) all transfers of conventional and unconventional arms to the Middle East; (2) the current military balance in the region; (3) the operation of any agreements comprising the arms transfer and control regime; and (4) supplier nations that have refused to participate in such a regime or that have engaged in conduct that violates or undermines the regime. Title III: Trade and Development Agency and Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to revise the authorities of the Director of the Trade and Development Agency (replaces the Trade and Development Program). Requires the Agency to disseminate information about its activities to the private sector. Sets forth the duties of the Inspector General of the Agency for International Development (AID) with respect to the Agency. Authorizes appropriations for FY 1992 and 1993. Revises provisions concerning the Overseas Private Investment Corporation (OPIC). Requires OPIC, in determining whether to provide insurance, reinsurance, guarantees, or financing for a project, to ensure that the project is consistent with objectives concerning resource sustainable development. Prohibits OPIC payments from being issued in connection with losses resulting from violations of foreign trade practices under the Securities Exchange Act of 1934. Raises the ceiling on the maximum contingent liability for outstanding OPIC guarantees. Authorizes OPIC to draw specified amounts from a noncredit account revolving fund to pay estimated subsidy costs of program levels for the loan guarantee and direct loan programs. Permits OPIC to: (1) establish a revolving fund to be available solely for the equity finance program; and (2) make a one-time transfer to such fund from the noncredit account revolving fund. Revises provisions concerning OPIC's insurance reserves. Authorizes OPIC to draw a specified amount from the noncredit account revolving fund for administrative expenses of the direct loan and loan guarantee programs. Makes provisions concerning income and revenues applicable to income and revenues from OPIC's noncredit activities (currently, revenues and income from any source). Authorizes (currently, requires) OPIC to charge fees for its services. Provides for annual (currently, triennial) audits of OPIC. Removes OPIC's exemption from Federal taxation. Title IV: International Narcotics Control - Revises provisions concerning international narcotics control. Authorizes appropriations for FY 1992 and 1993 for international narcotics control. Makes a prohibition on the use of narcotics control funds for the procurement of weapons or ammunition inapplicable (subject to congressional notification requirements) to: (1) weapons or ammunition for the defensive arming of aircraft used for narcotics control purposes; or (2) firearms and related ammunition provided to Department of State employees for narcotics control activities. Requires the President (currently, the Secretary of State) to maintain records on aircraft use under this title. Authorizes foreign military financing assistance under the Defense Trade and Export Control Act to be made available to finance the leasing of aircraft. Removes a prohibition on the use of narcotics control funds by foreign countries to acquire real property for military or law enforcement forces if the President notifies the appropriate congressional committees. Permits funds for economic support assistance, foreign military financing, or international military education and training to be transferred and consolidated with funds for international narcotics control if: (1) such assistance is withheld from the country for which it was allocated because of laws that require the withholding of assistance from countries that have not cooperated with the United States or taken steps to halt illicit drug production and trafficking; and (2) such funds are used for assistance to countries that have taken significant steps to halt illicit drug production or trafficking. Makes provisions of law that restrict assistance to countries inapplicable with respect to narcotics-related assistance, provided that the President notifies the appropriate congressional committees. Revises congressional reporting and certification requirements with respect to international narcotics control. Requires the President to notify the appropriate congressional committees annually of countries determined to be major drug transit or illicit drug producing countries. Makes prohibitions on the provision of assistance to foreign law enforcement agencies inapplicable, during FY 1992 and 1993, to: (1) transfers of defense articles and services for counternarcotics purposes; and (2) foreign military financing and international military education and training for narcotics-related purposes. Title V: Special Assistance Initiatives and Other Region or Country Specific Provisions - Authorizes the President to provide project and program assistance for long-term development in Subsaharan Africa. Designates such assistance as the Development Fund for Africa. Requires the purpose of such assistance to be to help the poor majority of men and women in Subsaharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant. Provides that such assistance should also promote sustained economic growth, encourage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more appropriate for the private sector. Requires the local-level perspective of the rural and urban poor in Subsaharan Africa to be taken into account during the planning process for project assistance. Declares that consultations should be undertaken with private and voluntary organizations which have demonstrated effectiveness in or commitment to the promotion of local grassroots activities on behalf of development in Subsaharan Africa. Requires: (1) local people to be consulted and involved in projects that have a local focus; and (2) development activities to expand the participation and integration of African women in certain critical sectors. Requires assistance provided by this Act to emphasize projects to address critical sectoral priorities for development. Authorizes assistance to promote economic policy reforms. Requires such reforms to include provisions to protect vulnerable groups from possible negative consequences of such reforms. Designates as the critical sectoral priorities for long-term development: (1) increased agricultural production and the maintenance and restoration of renewable natural resources; (2) improved health conditions and the prevention and control of AIDS; (3) voluntary family planning services; (4) improved relevance, equity, and efficiency of education; and (5) development of income generating opportunities for the unemployed and underemployed. Imposes minimum levels of assistance for certain critical sectors. Requires assistance provided under this Act to be concentrated in countries that will make the most effective use of such assistance. Allows assistance to be made available to: (1) assist Subsaharan African countries to increase their capacity to participate in donor coordination mechanisms at the country, regional, and sector levels; and (2) assist sector projects supported by the Southern African Development Coordination Conference (SADCC). Expresses the sense of the Congress that: (1) there should be periodic evaluations of the progress of the administering agency in achieving assistance goals in Subsaharan Africa; and (2) the period of availability of funds appropriated for such assistance should be extended whenever appropriate. Authorizes appropriations. Expresses the sense of the Congress that: (1) the United States should participate with multilateral financial institutions and other bilateral donors in an economic reform and development program in the Philippines; and (2) a commitment of resources by the United States, donors, and such institutions and a reform effort and leadership role by the Government of the Philippines will be necessary to ensure economic growth in the Philippines and enhanced participation of the Filipino people in the democratic process. Authorizes the President to provide assistance to promote the goals of this Act. Links such assistance to progress by the Government of the Philippines in implementing its economic, structural, judicial, and administrative reform program. Authorizes appropriations. Limits the amount of appropriations for FY 1992. Expresses the sense of the Congress that prior to requesting additional amounts to carry out this Act, the President should take into account: (1) the progress being made by the Philippines toward achieving reform objectives; (2) the extent of participation by the bilateral donors and multilateral financial institutions; and (3) the efforts to coordinate the assistance program. Expresses the sense of the Congress that: (1) the coordination of objectives and programs by donors, institutions, and the Government of the Philippines is critical to the success of the multilateral assistance program; (2) all donors should simplify procurement and disbursement procedures to ensure that conditions on the provision or use of assistance are complementary; and (3) the Philippines should establish internal procedures that will ensure the most effective use of such assistance. Sets forth the Caribbean Regional Development Act of 1991. Sets forth U.S. policy with respect to development and economic assistance for the Caribbean. Provides that priority in providing development assistance should be given to supporting indigenous democratic Caribbean institutions that represent and benefit the poor. Requires priority in the allocation of assistance to the Caribbean to be given to: (1) increased food production; (2) rural development; (3) community-based agro-industries; (4) small- and medium-sized farm and manufacturing enterprises; (5) the expansion of tourism; (6) regional integration; (7) the upgrading of technical and managerial skills; (8) support for renewable natural resources; (9) private sector development; (10) democratic development and the administration of justice; and (11) human services and human resources development. Directs the President, in providing assistance to a Caribbean country, to take into account whether the government of such country has failed to protect worker rights and is taking steps to implement laws that demonstrate advancement in providing such rights. Prohibits the administering agency from providing assistance for the use of any substance in a Caribbean country if such use is prohibited under the country's or U.S. public health laws. Declares that the agency should: (1) ensure the active participation of women in the development process; and (2) take into account the perspectives of the poor in the development process. Establishes in the Department of the Treasury the Enterprise for the Americas Facility to support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with actions to promote debt reduction, investment reforms, and community based conservation and sustainable use of the environment. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified International Monetary Fund arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an Inter-American Development Bank loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any country eligible for Facility benefits. Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by beneficiary countries. Requires beneficiary countries that enter into Environmental Framework Agreements to establish Enterprise for the Americas Environmental Funds. Authorizes the Secretary of State to enter into Environmental Framework Agreements concerning the operation and use of Environmental Funds with countries eligible for Facility benefits. Directs administering bodies in each beneficiary country to administer the Environmental Funds and to make grants for environmental activities. Requires grants from the Funds to be used for activities that link the conservation and sustainable use of natural resources with local community development. Subjects grants of more than $100,000 to veto by the U.S. Government or the government of the beneficiary country. Establishes an Environment for the Americas Board to: (1) advise the Secretary on the negotiations of Environmental Framework Agreements; (2) ensure that a suitable administering body is identified for each Environmental Fund; and (3) review the programs, operations, and fiscal audits of administering bodies. Declares that the President should encourage other official creditors of beneficiary countries whose debt is reduced under this Act to provide debt reduction to such countries. Requires the President to ensure that Environmental Funds are able to receive donations from private and public entities and private creditors of beneficiary countries. Permits military assistance and sales to be delivered to the armed forces of any Latin American or Caribbean country only with the prior approval of such a country's civilian government. Earmarks a specified amount of funds from economic support and development assistance and assistance from the Development Fund for Africa for assistance for disadvantaged South Africans. Prohibits support to organizations financed or controlled by the Government of South Africa. Requires priority in providing such assistance to be given to South African nongovernmental organizations whose staff are selected on a nonracial basis and which have the support of the disadvantaged communities being served. Extends a certain waiver of a prohibition on assistance to Pakistan if the President certifies that Pakistan does not possess a nuclear explosive device and that the proposed U.S. assistance program will reduce the risk that Pakistan will possess such device. Prohibits the allocation of assistance or the sale or transfer of defense articles or services for Pakistan for FY 1992 and 1993 unless such certification is made. Amends the Agricultural Trade Development and Assistance Act of 1954 to increase the number of representatives on the Environment for the Americas Board. Title VI: Special Authorities, Restrictions, Reports, General Provisions, and Technical and Conforming Amendments - Chapter 1: Special Authorities, Restrictions, and Reports - Amends the Foreign Assistance Act of 1961 to revise provisions concerning the transfer of funds between accounts. Prohibits: (1) transfers to increase amounts for foreign military financing; and (2) the transfer of funds for the housing and urban development guarantee program and funds for development assistance or assistance under the Development Fund for Africa. Raises the ceilings on the amounts of assistance provided under the Foreign Assistance Act of 1961 that may be provided to any one country. Exempts from such limitation assistance for countries that are the victims of active (currently, Communist or Communist-supported) aggression. Revises provisions concerning assistance for unanticipated contingencies. Prohibits such assistance from being provided for foreign military financing or international military education and training. Raises the annual ceiling on such assistance. Authorizes the President to transfer unobligated funds (without regard to the 20 percent increase limitation) to provide assistance to a country that has recently emerged or is in the process of emerging: (1) as a democracy; or (2) from civil strife and has a democratically elected government or is making progress toward a democratic form of government. Authorizes the President to adopt as a U.S. contract or obligation any contract with a U.S. or third-country contractor that had been funded with assistance prior to the termination of such assistance. Applies assistance termination provisions to any provision of law concerning such terminations. Exempts from restrictions on foreign assistance (except for countries that support terrorism) assistance for: (1) child survival activities; (2) the prevention and control of AIDS; (3) the needs of displaced children; (4) environmentally sound, sustainable resource management; and (5) efficient energy systems. Revises prohibitions concerning restrictions on assistance. Adds to the list of restrictions prohibitions on assistance for: (1) a country whose government engages in a consistent pattern of human rights violations; (2) a country whose elected head of government is deposed by a military coup; (3) projects designed to increase exports of agricultural, textile, or apparel commodities from developing countries if such exports would be in competition with U.S. exports or be expected to cause injury to U.S. exporters of the same or a similar commodity; and (4) a country that provides lethal military equipment to a terrorist government. Exempts from such prohibition assistance: (1) that is important to U.S. national interests, provided that such assistance will further U.S. nonproliferation objectives; (2) for the alleviation of suffering resulting from a natural or manmade disaster; (3) that benefits poor people; and (4) that will be furnished through nongovernmental organizations to promote respect for human rights and democracy. Prohibits the provision of such assistance until the President reports to the appropriate congressional committees. Requires the President to maintain a list of Communist countries for purposes of restricting assistance. Authorizes the President to remove or exempt a country from the list or prohibitions on assistance, provided that such removal or exemption is reported to the appropriate congressional committees. Prohibits assistance to any country which is more than one year in arrears to the U.S. Government on loan payments under the Foreign Assistance Act of 1961 or former authorities of the Arms Export Control Act. Applies prohibitions on the use of development assistance for abortions or involuntary sterilizations to the use of assistance for Subsaharan Africa or the Philippines for such purposes. Requires funds for voluntary family planning services to be available only for projects which offer a broad range of family planning methods and services. Consolidates and revises provisions concerning prohibitions on assistance to countries engaged in transfers of nuclear materials. Outlines required elements of annual congressional presentation documents on foreign assistance. Revises provisions regarding: (1) U.S. assistance policies and human rights; and (2) congressional notification for program changes. Requires the President to submit quarterly reports to the appropriate congressional committees on the funds obligated for development and economic support assistance. Directs the President to report triennially to the Speaker of the House and the chairman of the Senate Foreign Relations Committee on: (1) the percentage of the budget of each country receiving development or economic assistance that is devoted to military purposes; and (2) the degree to which such country is using its foreign exchange or other resources to acquire military equipment. Chapter 2: Administrative and General Provisions - Revises provisions regarding presidential authorities under this Act. Authorizes the President to designate an agency to administer foreign assistance programs. Revises provisions concerning the allocation of funds and reimbursement among agencies. Permits funds to be used for programs under the Agricultural Act of 1949 and the Food for Progress Act of 1985. Removes funding limitations on assistance for the construction of living quarters, offices, schools, and hospitals abroad and for assistance to schools educating dependents of personnel abroad. Permits economic and development assistance funds to be used to reimburse Federal or State agencies or institutions of higher education that detail employees for economic or development assistance programs that require special technical skills. Excludes such employees from applicable personnel ceilings during the detail period. Provides that if an amount appropriated for any fiscal year pursuant to this Act is less than the authorization amount and the provision calls for earmarked funds, such funds shall be deemed to be reduced to an amount bearing the same ratio to such funds as the amount appropriated bears to the authorization amount. Exempts funds for Israel and Egypt from such reduction. Sets forth provisions concerning the generation and use of local currencies. Revises provisions concerning the use of local currencies owned by the United States. Authorizes nongovernmental organizations to invest local currencies accrued as a result of economic assistance provided by this Act and other specified Acts and to use interest earned on investments for assistance purposes. Revises provisions concerning the use of private enterprise for the procurement of commodities and defense articles. Authorizes the use of Federal facilities for technical assistance purposes when such facilities are not competitive with private enterprise. Revises provisions concerning procurement standards and procedures. Allows (currently, requires) the use of excess personal property or property already owned by a Federal agency (if a substantial savings would occur) in lieu of, or supplementary to, the procurement of new items for U.S.-assisted programs. Revises provisions concerning the use of excess property. Removes a ceiling on the amount of domestic excess property that may be held. Prohibits excess property from being used for economic assistance purposes unless approval is given and the President makes specified determinations regarding such property. Authorizes the use of economic assistance funds to pay transportation charges on shipments by the American National Red Cross and by registered U.S. private voluntary organizations. Revises provisions concerning personnel. Permits personnel detailed to foreign governments or international organizations to be assigned on a leave without pay status. Authorizes the detailing of Department of Defense personnel to any civil office to carry out this Act. Revises provisions concerning discrimination against U.S. personnel. Chapter 3: Technical and Conforming Provisions - Incorporates provisions of the Foreign Assistance Act of 1961 concerning the Assistant Secretary of State for Human Rights and Humanitarian Affairs into another Act. Prohibits U.S. courts from declining on the ground of the Federal Act of State Doctrine to make a determination on the merits of international law in any case in which claim of title or right to property is asserted by any party, based upon a confiscation after January 1, 1959, by a state in violation of international law. Exempts from such prohibition cases in which: (1) an act of a foreign state is not contrary to international law or cases with respect to a right to property acquired pursuant to an irrevocable letter of credit issued in good faith prior to the time of taking; or (2) the President determines that application of such doctrine is required by U.S. foreign policy interests. Amends Federal provisions governing coins and currency to grant the Secretary of the Treasury: (1) responsibility with respect to foreign credits owed to or by the United States; and (2) sole authority to establish for all foreign currencies or credits the exchange rates at which such currencies are to be reported by Federal agencies. Authorizes the Foreign Claims Settlement Commission, at the request of the President, to report on the value of any property of any U.S. person expropriated by a foreign government. Redesignates the Trade and Development Program as the Trade and Development Agency. Makes technical and conforming amendments to specified Acts. Repeals specified Acts. Title VII: Latin America and the Caribbean - Chapter 1: El Salvador - Reserves this portion of the bill for provisions relating to El Salvador. Chapter 2: Other Provisions Pertaining to Central America - Declares that it shall be U.S. policy to: (1) support Central American countries in efforts to build democracy, restore peace, establish respect for human rights, expand economic opportunities, and improve living conditions; (2) support dialogue as the proper means of resolving armed conflicts in Central America; (3) assist in the implementation of, and secure international cooperation and support for, recommendations of the International Commission on Central American Recovery and Development; (4) support the United Nations Development Program for its Special Plan of Economic Cooperation for Central America; (5) organize a partnership among donor countries and Central American countries to mobilize resources and promote a forum for dialogue on issues of development, democracy, social justice, and human rights; and (6) support and promote the Enterprise for the Americas Initiative to assist Central American countries in opening their economies and managing their foreign debt. Prohibits the provision of military aircraft to Central American countries during FY 1992 and 1993 unless the appropriate congressional committees are notified in advance. Requires the Secretary of State to notify such committees whenever any helicopters or other military aircraft are provided to such countries by any foreign country. Prohibits the provision of foreign military financing to Guatemala during FY 1992 and 1993 except as provided by this Act. Establishes the Demobilization and Transition Fund for Guatemala. Authorizes the President to transfer amounts made available for foreign military financing to the Fund. Makes funds available only upon notification to the appropriate congressional committees that the Guatemalan Government and the Guatemalan National Revolutionary Unit have agreed to a ceasefire. Permits such funds to be available only for: (1) costs of demobilization, retraining, relocation, and reemployment in civilian pursuits of former combatants; and (2) costs of monitoring the ceasefire and permanent settlement. Prohibits the authorities of the Defense Trade and Export Control Act from being used to sell to the Guatemalan Government, or issue licenses for the export to Guatemala of: (1) weapons or ammunition; or (2) aircraft, unless the aircraft are unarmed and the Guatemalan Government has agreed that they will not be armed. Permits FY 1992 and 1993 development and economic support assistance and assistance under the Agricultural Trade Development and Assistance Act of 1954 for Guatemala to be used only by civilian agencies and nongovernmental organizations. Requires such assistance to be targeted for: (1) programs that address poverty, basic human needs, and environmental concerns; (2) the improvement of democratic institutions and the promotion of political pluralism; (3) the National Reconciliation Commission; (4) fiscal reform and administration; or (5) programs that promote trade and investment. Prohibits such assistance from being used for partisan political purposes or as an instrument of counterinsurgency. Waives assistance target requirements if the President notifies the appropriate congressional committees that Guatemala has made progress in eliminating human rights violations and in bringing to trial those responsible for major human rights cases. Declares that the President should: (1) take into account the extent to which the Nicaraguan Government has brought the armed forces under civilian control and undertaken investigations into, and prosecution of those responsible for, human rights violations prior to providing assistance for FY 1992 and 1993; and (2) consider the extent to which foreign military financing for Nicaragua will further the goals of strengthening civilian control over the military, ending human rights abuses, and stemming the export of lethal military equipment prior to providing such financing for such fiscal years. Prohibits foreign assistance for any member of the Nicaraguan resistance who has not disarmed or is not abiding by the terms of the cease-fire agreement and the addenda to the Toncontin Agreement. Expresses the sense of the Congress that the Nicaraguan Government should expedite the processing of claims by private citizens based on expropriation of property by the Sandinista government. Earmarks a specified amount of FY 1992 and 1993 economic support assistance for Central America for the Concerted Plan of Action in Favor of Central American Refugees, Returnees and Displaced Persons. Expresses the sense of the Congress with respect to strengthening democratic legislatures in Central America. Chapter 3: The Caribbean - Congratulates Haiti on its transition to democracy. Expresses the sense of the Congress that the United States should: (1) provide significant and sustained assistance to the Haitian Government so long as it abides by the Haitian Constitution and respects freedom of expression and human rights; (2) continue to provide substantial assistance to Haitian private voluntary organizations to institutionalize democracy and promote economic development; and (3) provide a specified amount of economic assistance to Haiti during FY 1992 and 1993. Encourages the Government of the Dominican Republic to improve respect for the human rights of Haitian laborers engaged in the sugar cane harvesting industry in the Dominican Republic. Withholds a specified amount of economic support assistance from the Dominican Republic until the President notifies the appropriate congressional committees of the steps taken by the Government of the Dominican Republic to improve such human rights. Permits assistance under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 to be provided to the Government of Guyana only if the President reports to the appropriate congressional committees that such government is in power as a result of free and fair elections. Exempts from such restriction international narcotics control assistance or assistance for the holding of free and fair elections. Expresses the sense of the Congress that following the submission of the report regarding Guyana, the United States should provide significant and sustained assistance for Guyana under such Acts. Earmarks a specified amount of such assistance for basic human needs. Condemns the armed forces of Suriname for the December 1990 coup and for disregard for civilian authority. Urges the armed forces to permit a peaceful transfer of power to the elected civilian government. Calls upon the President to withhold assistance from Suriname until a peaceful transfer of power has taken place and to use assistance to bolster civilian rule. Chapter 4: Andean Initiative - Authorizes appropriations for development and economic support assistance for FY 1992 and 1993 for Andean countries. Requires priority in the use of funds for Bolivia and Peru to be given to support programs that focus on providing coca farmers with alternative sources of income. Declares that specified amounts of such assistance should be used for law enforcement assistance, protection against narco-terrorist attacks, and assistance for human rights offices in Bolivia, Colombia, and Peru. Authorizes appropriations for FY 1992 and 1993 for foreign military financing assistance for Andean countries. Requires such assistance to be designed to: (1) enhance the ability of the recipient government to control illicit narcotics production and trafficking; (2) strengthen respect for human rights and the rule of law to control narcotics production and trafficking; and (3) assist the armed forces of the Andean countries in their support roles for such countries' law enforcement agencies. Permits the provision of such assistance only if: (1) such country has a democratic government; and (2) the government of such country does not engage in a consistent pattern of human rights violations. Permits such assistance to be used for certain law enforcement training and equipment for purposes of narcotics control efforts. Limits the amount of military and law enforcement assistance for Bolivia, Colombia, and Peru. Prohibits Peru's Sinchi Police from being considered as a law enforcement unit. Permits assistance or the transfer of excess defense articles under this Act to an Andean country only if the President determines that: (1) such country is implementing programs to reduce the flow of cocaine to the United States; and (2) the armed forces and law enforcement agencies of such country are not engaged in a consistent pattern of human rights violations and the government of such country has made progress in protecting human rights. Exempts from the human rights condition assistance for programs providing coca farmers with alternative sources of income. Waives provisions of law that prohibit assistance to countries in arrears on loan payments to the United States with respect to narcotics-related assistance to Andean countries. Chapter 5: Other Provisions Pertaining to the Region - Makes assistance available for countries with democratically-elected governments in Latin America and the Caribbean. Prohibits the use of such funds for: (1) lethal equipment; and (2) the participation of Department of Defense personnel and members of the U.S. armed forces in law enforcement training. Permits law enforcement training in the Caribbean to be provided only by the Department of Justice International Criminal Investigative Training Assistance Program. Makes specified amounts available for such assistance. Amends the Foreign Assistance Act of 1969 to authorize appropriations for the Inter-American Foundation for FY 1992 and 1993. Revises provisions concerning the composition of the Foundation's Board of Directors and the principal office. Prohibits foreign military financing or sales to Chile under the Defense Trade and Export Control Act during FY 1992 and 1993 unless the appropriate congressional committees are notified in advance. Earmarks development and economic support assistance for the Central American Journalism Program and Regional Administration of Justice Program's Center for the Administration of Justice to support democracy building activities in the region. Title VIII: Europe and the Middle East - Chapter 1: Middle East - Earmarks funds for economic support assistance, foreign military financing grants, and assistance for stockpiles for Israel for FY 1992 and 1993. Makes certain amounts of military financing available for advanced weapon systems research and development and the procurement of defense articles and services. Permits the drawdown of a specified amount of defense articles and services from the Department of Defense and military education and training for Israel. Reduces such amount by the value of articles, services, and education and training provided to Israel under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. Requires such drawdowns, to the maximum extent feasible, to be made from units withdrawn from Europe. Earmarks funds for economic support assistance and foreign military financing for Egypt for FY 1992 and 1993. Permits such assistance to include support for law enforcement training. Requires specified amounts of amounts allocated by the Agency for International Development (AID) during FY 1992 and 1993 for democratic initiatives and human rights to be made available for the growth of indigenous nongovernmental organizations that contribute to pluralism, democracy, and respect for human rights and the rule of law in the Middle East. Earmarks specified amounts of FY 1992 and 1993 economic support assistance for the West Bank and Gaza Program and for regional cooperative projects in the Middle East. Earmarks specified amounts of FY 1992 and 1993 development assistance to finance projects under the Cooperative Development Program and cooperative development research among the United States, Israel, and developing countries. Expresses the sense of the Congress that the United States should support educational, cultural, and humanitarian activities that bring Israelis together with Palestinians living in the West Bank and Gaza. Sets forth U.S. policy with respect to Lebanon. Earmarks funds for economic support and development assistance for Lebanon for FY 1992 and 1993. Prohibits the sale of defense articles and services under the Defense Trade and Export Control Act and suspends the delivery of such articles and services to Lebanon unless the President submits to the appropriate congressional committees a report that: (1) sets forth the purpose and value of the articles and services to be provided; (2) identifies the intended end-user within the Lebanese Government of such articles and services; and (3) states that such articles and services will assist the Lebanese Government in establishing effective control of Lebanese territory and that sufficient safeguards exist to ensure that such articles and services will not benefit the Government of Syria. Prohibits assistance to Syria until the President reports to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Goverment of Syria: (1) has demonstrated willingness to enter into negotiations with Israel; (2) does not deny its citizens the right to emigrate and does not impose taxes with respect to emigration; (3) is assisting the U.S. Government in obtaining the release of American hostages in Lebanon; (4) no longer supports international terrorist groups; (5) is withdrawing its armed forces from Lebanon; (6) is no longer acquiring chemical, biological, or nuclear weapons and will not use weapons currently in its arsenal to threaten its neighbors; (7) is cooperating with U.S. antinarcotics efforts and taking steps to remove members of the government who are involved in the drug trade; (8) has made progress in improving human rights; and (9) has extradited the Nazi war criminal Alois Brunner. Requires the President to report to the House Foreign Affairs Committee and the Senate Foreign Relations Committee on third country transfers of weapons and military equipment to Syria. Permits the transfer of equipment, supplies, or material captured from Iraq by U.S forces in Operation Desert Storm to the government of any Middle Eastern country only if specified congressional committees are notified in advance. Expresses the sense of the Congress that under international law and the terms of specified United Nations resolutions: (1) Iraq is liable for loss, damage, or injury to foreign governments, nationals, and corporations as a result of its invasion and occupation of Kuwait; and (2) Israel suffered damage as a result of Iraq's aggression and should be able to receive compensation from Iraq commensurate with damage suffered. Expresses the sense of the Congress that the United States should work with its Arab coalition partners to: (1) encourage their support for efforts to achieve peace and stability in the Middle East and to settle the Arab-Israeli conflict; and (2) take specific steps with respect to Israel and terrorism. Requires the President to submit to the appropriate congressional committees an analysis of: (1) the Middle East arms balance based upon the cumulative impact of transfers of defense articles and services to the region by all countries; (2) how U.S. policy goals are advanced by U.S. transfers; (3) what type of military or economic compensation is required to countries whose qualitative edge the United States is committed to maintaining, how such compensation is to be funded, and the steps taken to preserve such qualitative edge and areas requiring attention due to a decline in comparative advantage; and (4) defense articles and services obtained by Middle East countries from sources other than the United States. Expresses the sense of the Congress that the United States should obtain rescission by the United Nations General Assembly of Resolution 3379 (maintains that Zionism is a form of racism) and calls upon the General Assembly to rescind such resolution. Expresses the sense of the Congress that: (1) the 1981 Israeli preemptive strike against the Iraqi nuclear reactor at Osirak was a legitimate and justifiable exercise of self-defense which also reduced the threat of Iraqi nuclear aggression against countries bordering Iraq; and (2) the United States should seek the repeal of United Nations Security Council Resolution 487 which condemned the strike. Prohibits sales from being made to Kuwait under the Defense Trade and Export Control Act and licenses from being issued for the export to Kuwait of any item on the U.S. Munitions List unless the President certifies to the appropriate congressional committees that the Kuwaiti Government has: (1) put an end to arbitrary arrest, torture, and extrajudicial killing by Kuwaiti armed forces and is making an effort to stop such acts by nongovernmental resistance groups; (2) clarified the legal basis for arrest and detention; (3) ensured that those detained have access to legal counsel and to human rights groups; (4) ensured the rights to a speedy trial, due process, and an appeal of any sentence to detainees; (5) the intention to extend the right to vote to all citizens irrespective of sex or literacy; and (6) established a date for parliamentary elections. Chapter 2: Eastern Mediterranean - Earmarks funds for economic support assistance for Cyprus for FY 1992 and 1993. Permits such assistance to be used only for scholarships or bicommunal projects. Earmarks funds for foreign military financing assistance for Greece and Turkey for FY 1992 and 1993. Expresses the sense of the Congress that the President should support Turkey's inclusion in the full range of political, economic, and military institutions in Europe. Supports the United Nations Secretary General's peace initiatives regarding Cyprus and encourages both parties on Cyprus to cooperate with the Secretary General. Chapter 3: Support for East Europe Democracy - Amends the Support for East European Democracy (SEED) Act of 1989 to make eligible for SEED benefits any Eastern European country taking steps toward: (1) political pluralism and economic reform; (2) respect for human rights; and (3) a willingness to build a friendly relationship with the United States. (Currently, most SEED programs target Hungary and Poland.) Extends specified structural adjustment, debt reduction, and stabilization assistance to such countries. Authorizes AID to provide assistance to support private sector development in Eastern Europe and U.S. participation in capital projects. Permits the President, acting through the AID Administrator, to use funds for labor market transition assistance to eligible Eastern European countries. Extends technical assistance and training for labor market transition assistance to eligible Eastern European countries. Removes a provision authorizing appropriations for Peace Corps programs in Poland and Hungary. Extends assistance for the development of Peace Corps and credit unions to eligible Eastern European countries. Applies provisions governing the use of Polish currency generated by agricultural assistance to local Eastern European currencies generated by such assistance. Repeals provisions concerning: (1) OPIC support for Poland and Hungary; (2) Trade and Development Program activities in Poland and Hungary; (3) tax treatment of loans with below market interest rates for Poland and Israel; and (4) the trade credit insurance program for Poland. Extends Export-Import Bank programs to Czechoslovakia. Urges the President to seek bilateral investment treaties with eligible Eastern European countries to establish a legal framework for U.S. investment in such countries. Extends educational and cultural exchange programs and the scholarship partnership program to eligible Eastern European countries. Removes funding provisions concerning the scholarship partnership program. Authorizes the AID Administrator to use funds available for the scholarship partnership program for scholarships to enable Eastern European students to study at American institutions of higher education in Europe. Extends assistance for the support of democratic institutions and environmental protection and energy efficiency activities to eligible Eastern European countries. Authorizes the President, acting through the AID Administrator and the Administrator of the Environmental Protection Agency, to provide assistance for environmental and energy activities in eligible Eastern European countries, with emphasis on assistance for policies encouraging and providing incentives for end-use energy efficiency and conservation and reliance on renewable energy resources. Requires the President to work with officials of the Government of Czechoslovakia to establish a regional program to facilitate cooperative activities to address the public health aspects of environmental degradation. Earmarks funds for such program. Revises provisions concerning medical assistance to Poland. Authorizes the President, acting through the AID Administrator, to: (1) provide medical training, health care planning assistance, and other assistance to improve health care to eligible Eastern European countries; and (2) provide assistance to support the infrastructure for a housing sector in such countries. Redesignates the SEED Information Center System as the Eastern European Business Information Center System. States that the System should develop special information on business opportunities in the communications, broadcasting, and information field for use by U.S. industry and the SEED Program coordinator. Repeals a provision concerning economic and commercial officers at U.S. embassies and missions in Hungary and Poland. Authorizes and allocates appropriations for SEED programs for FY 1992 and 1993. Sets forth provisions concerning the reallocation or reduction of such funds. Chapter 4: Other Provisions Relating to Europe - Amends the Anglo-Irish Agreement Support Act of 1986 to make economic support funds available for U.S. contributions to the International Fund. Removes a certification requirement under such Act and revises reporting requirements. Earmarks economic support assistance for FY 1992 and 1993 for assistance to Estonia, Latvia, and Lithuania and to eligible recipients in the Soviet Union that request U.S. technical assistance in support of democratic or market-oriented reforms. Permits such assistance to be provided only through the government of such state or republic or through nongovernmental organizations. Defines an "eligible recipient in the Soviet Union" as the government of any republic or local government that was elected through free and fair elections or any indigenous nongovernmental organization that promotes democratic and market-oriented reforms. Authorizes additional appropriations for FY 1992 and 1993 for disaster assistance to Armenia and to carry out the Soviet-East European Research and Training Act of 1983. Revises reporting requirements under such Act. Expresses the sense of the Congress with respect to U.S. policy toward Yugoslavia and the situation in Kosovo province. Expresses the sense of the Congress that regulations issued pursuant to the Defense Trade and Export Control Act should be amended to allow the importation into the United States of sporting and hunting rifles and shotguns manufactured in Poland, Hungary, or Czechoslovakia. Expresses the sense of the Congress that: (1) President Bush should place Soviet cessation of aid to Cuba high on the list of objectives of the upcoming U.S.-Soviet summit; (2) a Soviet cutoff of aid to Cuba should remain a high priority in U.S.-Soviet relations until the Soviet Union ends its economic and military support for the Castro regime; and (3) a democratically-elected government in Cuba should remain a goal of American foreign policy. Title IX: Asia and the Pacific - Chapter 1: East Asia and the Pacific - Requires the President, in determining whether to furnish assistance or make sales of defense articles or services to Burma (Myanmar) during FY 1992 and 1993, to make a specified certification with respect to international narcotics control in Burma and to take into account whether the Burmese Government has: (1) ceded legal authority to a civilian government as mandated by the 1990 elections; (2) released persons arrested for the peaceful expression of their political views; and (3) ceased harassment of persons and political parties attempting to exercise freedoms of expression, association, and assembly. Sets forth notification requirements with respect to certain assistance for Burma. Declares that the Congress would welcome decisions by the President to: (1) impose economic sanctions on Burma under the Customs and Trade Act of 1990; and (2) call upon industrialized countries to impose similar sanctions upon Burma. Expresses the sense of the Congress with respect to the settlement of the Cambodian conflict and genocide. Makes available FY 1992 and 1993 economic support assistance for humanitarian and development assistance for Cambodians along the Thai-Cambodia border and throughout Cambodia. Sets forth conditions on the disbursement of such assistance. Prohibits any funds from being used to promote or augment the capacity of the Khmer Rouge to conduct military or paramilitary operations in Cambodia or Indochina. Earmarks funds for FY 1992 and 1993 for humanitarian assistance to children and war victims in Cambodia. Authorizes the President to use funds under the Foreign Assistance Act of 1961 for: (1) nonmilitary training of noncommunist Cambodians in the United States; and (2) an international relief and reconstruction program in Cambodia. Prohibits the provision of FY 1992 and 1993 foreign military financing assistance and assistance for international military education and training to Fiji unless the President certifies to the Congress that Fiji has held elections in which there has been broad participation by all communities. Sets forth provisions concerning Malaysia's policy of denying first asylum to Indochinese asylum-seekers. Requires the President to allocate the amount of funds requested in the congressional presentation materials for the South Pacific regional program for FY 1992 unless he notifies the appropriate congressional committees in accordance with reprogramming procedures. Makes available specified amounts of economic support, development, and international disaster assistance for such program. Earmarks development assistance funds for scholarships for study at postsecondary institutions in the United States. Commends Taiwan for sharing in the responsibilities associated with Operation Desert Shield and Desert Storm. Calls on the President to accept future contributions from Taiwan for multinational operations regardless of the positions of China. Expresses the sense of the Congress that: (1) the United States should give the highest priority to accounting for Americans missing in Southeast Asia and to negotiating the return of any Americans still held captive in Southeast Asia; (2) the United States should heighten public awareness of the missing Americans through dissemination of factual data; (3) progress on accounting for missing Americans and other humanitarian issues will affect the process of normalizing relations between the United States and Vietnam; and (4) the President should provide specified amounts to support humanitarian projects in Laos for efforts to resolve questions concerning Vietnam prisoners of war or those missing in action. Expresses the sense of the Congress that the President should encourage the Organization for Economic Cooperation and Development (OECD) to consider for OECD membership the Governments of South Korea, Taiwan, Hong Kong, and Singapore. Makes available specified amounts of economic support, development, and international disaster assistance for humanitarian assistance for displaced Burmese nationals in Thailand and Burma. Prohibits the sale, and the issuance of licenses for export, to China of any item on the U.S. Munitions List for military end-users if the President determines that: (1) any U.S. defense article or technology was used in certain missiles or aircraft transferred to Iran, Iraq, Libya, Pakistan, or Syria by China in contravention of the Defense Trade and Export Control Act; and (2) any chemical weapon or nuclear equipment or materials were transferred to such countries by China. Makes such prohibition inapplicable to the sale or export of systems or components designed for inclusion in civil products and controlled as defense articles only for purposes of export to a controlled country, unless the President determines that the intended recipient is the Chinese military or security forces. Chapter 2: South Asia - Authorizes the President to make available development and economic support assistance for humanitarian assistance to the Afghan people and for reconstruction efforts in Afghanistan and the establishment of a broad-based freely-elected Afghan Government. Sets forth provisions regarding: (1) land mines in Afghanistan; and (2) the termination of military assistance to, and a political settlement in, Afghanistan. Congratulates Bangladesh on the transition to a democratically-elected government and welcomes the economic adjustment program being implemented in coordination with the International Monetary Fund. Urges the President to provide debt relief under the Agricultural Trade Development and Assistance Act of 1954 to Bangladesh. Requires the President to allocate the amount of funds requested in the congressional presentation materials for Nepal for FY 1992 unless he notifies the appropriate congressional committees in accordance with reprogramming procedures. Makes available specified amounts of economic support, development, and international disaster assistance for Nepal if a democratically-elected government assumes office pursuant to free and fair elections. Sets forth provisions concerning human rights abuses in Sri Lanka. Requires the President, in determining whether to provide assistance or make sales of defense articles or services to Sri Lanka during FY 1992 and 1993, to take into account whether the Government of Sri Lanka has: (1) established a public register of detainees and ensured that detainees have access to lawyers and family members; (2) taken steps to deter disappearances and killings of civilians by persons under control of government forces; (3) taken measures to minimize civilian casualties in combat operations in the north and the east; and (4) made serious efforts to investigate and prosecute those involved in the murder of journalist Richard DeZoysa. Encourages the Government of Sri Lanka to provide human rights education and training. Chapter 3: Industrial Cooperation Projects in China and Tibet - Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China or Tibet should adhere to specified principles, including to: (1) suspend the use of merchandise manufactured by convict or forced labor; (2) seek to ensure political and religious freedom without fear of one's employment status; (3) ensure that methods of production do not pose a danger to project employees and the surrounding environment; (4) strive to use business enterprises that are not controlled by China; (5) promote human rights in China; and (6) prohibit compulsory population control activities on the premises of such projects. Requires the Secretary of State to forward a copy of such principles to member nations of the OECD and encourage them to promote such principles. Requires each U.S. national to register with the Secretary and indicate whether they agree to implement such principles. Sets forth specified reporting requirements. Title X: Africa - Chapter 1: Authorizations of Assistance for Africa - Amends the African Development Foundation Act to authorize appropriations for the African Development Foundation for FY 1992 and 1993. Requires funds from the Development Fund for Africa to be used to assist sector projects supported by the SADCC. Urges the President to use diplomatic means to protect the security of SADCC projects and urges the Government of South Africa to respect the territorial integrity of SADCC states and to refrain from military aggression across its borders. Earmarks funds for FY 1992 and 1993 for economic support assistance for Subsaharan Africa. Welcomes the commitment of several governments in Subsaharan Africa to move toward democratic and multiparty systems of government. Urges the President to increase assistance to promote the development of democratic institutions in Africa. Directs the admninistrator of the administering agency to provide for the establishment of an African Center for Conflict Resolution to analyze, research, and resolve conflicts in Africa. Requires funds from the Development Fund for Africa to be made available for the Center. Chapter 2: Provisions Relating to Specific Countries - Expresses the sense of the Congress that: (1) the Government of Angola and the Union for the Total Independence of Angola (UNITA) should be commended for their willingness to enter into negotiations to reach a ceasefire agreement in the Angolan conflict and to reach agreement on a date for national elections; and (2) the United States should continue to support negotiations between the leaders of the Angolan Government and UNITA to achieve an agreement for a process of reconciliation among Angolans. Requires the President, in determining whether to provide assistance to Burundi during FY 1992 and 1993, to take into account that the Government of Burundi has: (1) made progress in reforming its military by engaging in a massive Hutu recruitment program; (2) taken steps to reverse discrimination against the Hutu; and (3) embarked on a major repatriation to accommodate the return of Hutu. Sets forth U.S. policy with respect to Ethiopia. Urges the President to impose diplomatic and economic pressures upon the Ethiopian Government if such Government fails to act in good faith to resolve its internal wars peacefully and to improve respect for human rights. Requires the President to report to the appropriate congressional committees every 90 days on Ethiopia's actions with respect to internal wars, human rights, and economic reform. Sets forth U.S. policy with respect to Kenya. Suspends economic and military assistance and sales to Kenya. Waives such suspension if the President reports to the appropriate congressional committees that the Government of Kenya is taking steps to: (1) charge and try or release all prisoners; (2) cease physical abuse or mistreatment of prisoners; (3) respect the independence of the judiciary; and (4) respect freedom of expression. Declares that it is U.S. policy to commit heightened diplomatic resources to resolving the fundamental political conflicts in Liberia. Makes available international disaster assistance funds for civil strife, rehabilitation, and general recovery in Liberia. Permits the President to transfer funds obligated for economic support assistance for Liberia to fund peacekeeping efforts in Liberia by the Economic Community of West Africa Monitoring Group. Authorizes assistance to Liberia under the Foreign Assistance Act of 1961 only if the President reports to the appropriate congressional committees that the Government of Liberia has achieved progress toward reconciliation among parties to the conflict in Liberia. Commends the Malawi Government's response to the influx of refugees from Mozambique. Condemns the abuse of human rights of Malawian citizens. Urges President Banda to release prisoners of conscience, end incommunicado detention and torture of prisoners, and permit freedom of speech and association in Malawi. Prohibits foreign military financing for the Malawi Young Pioneers and permits such assistance only for the Malawian military's effort to secure the Nacala Railroad and for activities to assist in the Mozambique peace process. Sets forth U.S. policy with respect to Mozambique. Conditions the provision of economic support assistance and foreign military financing for FY 1992 and 1993 for Mozambique on steps by the Government of Mozambique to increase respect for human rights and promote a political settlement to the conflict in such country. Encourages a peaceful and democratic solution to the problems in Somalia. Declares that it is U.S. policy to commit heightened diplomatic resources to resolving the fundamental political conflicts in Somalia. Permits foreign military financing, international military education and training, and economic support assistance for FY 1992 and 1993 to be provided to Somalia only if the President reports to the appropriate congressional committees that the Government of Somalia has made progress toward democratization and respect for human rights. Declares that the President, in providing assistance for refugees in Somalia under the Agricultural Trade Development and Assistance Act of 1954, should ensure that: (1) an impartial counting of eligible beneficiaries of food assistance by donors has been completed; (2) none of the beneficiaries belong to military or paramilitary units; and (3) the amount of such assistance does not significantly exceed the number of beneficiaries of such assistance. Permits international disaster assistance for Somalia to be used for civil strife relief, rehabilitation, and general recovery in Somalia. Sets forth U.S. policy toward South Africa. Expresses the sense of the Congress that: (1) the United States should support the elimination of apartheid and the establishment of democratic majority rule in South Africa through a policy to bring about a nonracial democracy; (2) U.S. firms and the Government should provide specified assistance to disadvantaged South Africans; and (3) the President should seek the cooperation of U.S. allies in Western Europe and Japan to join in multilateral initiatives to aid disadvantaged South Africans. Requires funds to be made available from the Development Fund for Africa for assistance for the development and financing of low-cost housing in South Africa. Declares that it is U.S. policy to encourage negotiations between the Government of Sudan and the Sudanese People's Liberation Army to end the conflict between these factions. Prohibits economic support assistance (except for basic human needs) and foreign military financing and for Sudan during FY 1992 and 1993. Makes such prohibition inapplicable if the President reports to the appropriate congressional committees that the Government of Sudan is making progress toward respect for human rights and democratization. Prohibits the provision of foreign military financing, international military education and training, and economic support and development assistance to Zaire during FY 1992 and 1993 unless the President reports to the appropriate congressional committees that free and fair elections have been held in Zaire. Chapter 3: United States Commission on Southern Africa - United States Commission on Southern Africa Act - Establishes the United States Commission on Southern Africa to solicit private sector funds to develop skilled personnel in South Africa and Namibia, particularly in middle management business and government positions, by providing for the training of disadvantaged South Africans and Namibians in the fields of education, health care, law, and housing. Authorizes the Commission to establish and provide funds for human resource development programs and to provide scholarships and internships for appropriate study and training. Prohibits the use of such funds for programs conducted by or through South African organizations which are financed or controlled by the Government of South Africa. Authorizes the use of such funds only for programs which clearly reflect the objective of an end to apartheid. Provides for the annual audit of the Commission by certified public accountants. Authorizes the U.S. Comptroller General to carry out an annual audit of the Commission. Directs the Commission to ensure that: (1) recipients of Commission assistance keep separate accounts of such assistance and records to facilitate effective audits; and (2) the Commission has access to such records. Makes Development Fund for Africa assistance available for a grant to the Commission. Chapter 4: Other Provisions - Expresses the sense of the Congress that: (1) special efforts should be undertaken to reduce trade barriers and to promote economic interchange between the United States and developing countries in Subsaharan Africa; and (2) the countries of Subsaharan Africa are to be applauded for their stance during the Persian Gulf conflict and commended for their support of the United States. Permits international military education and training to be provided to a Subsaharan African country only if the President considers whether: (1) that country has a government that was democratically-elected as the result of free and fair elections or is committed to respecting human rights and permitting freedom of expression and has achieved progress in a process of democratization; (2) the armed forces of such country are involved in human rights violations or the government of the country fails to respect human rights; and (3) the armed forces of such country or other elements of the government of that country are engaged in destabilization efforts aimed at any other country. Requires the President, when obligating funds for countries that do not meet such conditions, to report to the appropriate congressional committees on the reasons for providing such assistance. Provides for the transfer of a specified amount of funds from the Development Fund for Africa for contributions to the International Fund for Agricultural Development and the United Nations Educational and Training Program for Southern Africa. Exempts international narcotics control assistance or assistance provided through nongovernmental organizations for the holding of free and fair elections from the restrictions on assistance under this title. Provides that any sanction imposed by any State or governmental subdivision that is directed at South Africa or persons engaging in commercial or financial transactions in or with South Africa and that also applies to Namibia shall be null and void with respect to Namibia unless such sanction is consistent with Federal law. Title XI: Other Provisions - Amends the Peace Corps Act to extend the authorization of appropriations for the Peace Corps through FY 1993. United States Environmental Security and Foreign Policy Act of 1991 - Sets forth U.S. policy with respect to global environmental security. Gives the Secretary of State primary responsibility for overseeing environmental agreements and activities between the United States and foreign countries and international organizations and commissions. Requires the Secretary to report biennially to the Congress on: (1) multilateral environmental initiatives and negotiations concluded or in process; (2) bilateral agreements on the environment; (3) U.S. participation in, and support of, environment programs in international organizations and multilateral development banks; (4) international cooperation activities with respect to research and monitoring of environmental and natural resource conditions; and (5) environmental policies and activities of the United States in providing foreign assistance. Expresses the sense of the Congress with respect to the United Nations Conference on Environment and Development. Expresses the sense of the Congress that a major effort should be made to strengthen the right to food in international law to assure the access of all persons to adequate food supplies. Declares that the Secretary, through the U.S. representative to the United Nations, should propose to the United Nations General Assembly that a Declaration and a Convention concerning the right to food be adopted and submitted to countries for ratification. Expresses the sense of the Congress that a major effort should be made to reform and restructure the United Nations mechanism for responding to international disasters and other humanitarian emergencies. Requires the Secretary, through the U.S. representative to the United Nations, to develop a proposal for strengthening the United Nations response to such emergencies. Directs the AID Administrator to release the Institute Centroamericano de Administration de Empresas from its obligation to make payments to the U.S. Government on a loan made pursuant to a specified Alliance for Progress Loan Agreement.
Bill· SS. 1151 (102nd)open
United States · United States Congress · 23 May 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnapping which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of a habeas corpus writ notwithstanding the failure to exhaust State remedies. Prohibits the granting of a writ of habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgement probation for certain drug offenders convicted of possession of a controlled substance and requires expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport, or disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contact an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide for a ten year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organization statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and 12 months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the 12 months following the assault. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.
Bill· HRH.R. 2349 (102nd)open
United States · United States Congress · 15 May 1991
Mowa Band of Choctaw Indians Recognition Act - Extends Federal recognition and associated services and benefits to the Mowa Band of Choctaw Indians of Alabama. Restores Federal rights and privileges abrogated by earlier statutes. Approves and ratifies the cession to the United States of all historical tribal lands of the Band. Regards such cession as an extinguishment of all interests of the Band, if any, in such lands. Extinguishes all specified claims against the United States, a State or local government, or any other person or entity, by the Band arisinig subsequent to such cession, and based upon any interest in or right involving the land. Prohibits the Band from using its Federal recognition to assert any historical land claim. Provides that nothing in this Act alters any obligations: (1) with respect to property; (2) under any contract; or (3) to pay a tax levied before its enactment. Transfers all interests in lands held by the Band to the United States to be held in trust for the benefit of the Band. Requires the Band to transfer to the United States any interest in lands acquired after enactment of this Act. Provides that such lands shall constitute the Band's reservation. Authorizes the Band to adopt a constitution that will take effect only after being filed with the Secretary of the Interior. Limits membership in the Band, until a constitution is adopted, to every individual who: (1) is named in the tribal membership roll in effect on the enactment of this Act; or (2) is a descendant of any such individual. Provides that membership will be determined according to the constitution after its adoption.
Bill· SS. 1068 (102nd)referred
United States · United States Congress · 14 May 1991
Declares a portion of the Appomattox River, Virginia, not to be: (1) navigable water within the meaning of the Constitution and laws of the United States; and (2) water affecting navigable waters of the United States or interstate or foreign commerce.
Bill· SS. 1036 (102nd)open
United States · United States Congress · 9 May 1991
Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of Cheraw Indians of North Carolina. Authorizes any group of Indians in Robeson or adjoining counties, North Carolina, whose members are not enrolled in the Tribe to petition under specified provisions of the Code of Federal Regulations for acknowledgment of tribal existence. Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as federally recognized Indians except that members of the Tribe shall not be entitled to such services until funds have been appropriated for such purposes. Deems members of the Tribe residing in Robeson and adjoining counties to be resident on or near an Indian reservation for purposes of the delivery of such services. Directs the Secretary of the Interior (the Secretary) and the Secretary of Health and Human Services: (1) upon verification of a tribal roll, to develop a determination of needs and a budget required to provide services to eligible members of the Tribe; and (2) to submit a written statement of such needs and budget with the first budget request submitted to the Congress after the fiscal year in which the tribal roll is verified. Authorizes the Tribe to plan and administer programs under Federal provisions pursuant to an annual written funding agreement between the Tribe and the Secretaries (in lieu of authority provided under the Indian Self-Determination and Education Assistance Act) specifying: (1) the services to be provided, and procedures for modifying budget allocations, within any fiscal year; and (2) the responsibility of the Secretary for, and procedure to be used in, auditing the expenditures of the Tribe. Directs the Lumbee Tribe to organize for its common welfare and to adopt a constitution and bylaws. Directs the Secretary to assist the Tribe in the drafting of a constitution and bylaws, the conduct of an election with respect to such constitution, and the reorganization of the Government of the Tribe under any such constitution and bylaws. Declares that, until the Tribe adopts a constitution and prior to such adoption, the opening of the tribal roll for a specified period to allow the enrollment of any individual previously enrolled in another Indian group or tribe in Robeson or adjoining counties who meet specified requirements, the membership of the Tribe shall consist (subject to review by the Secretary) of every individual who is named in the tribal membership roll that is in effect on the date of enactment of this Act. Requires the State of North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on specified tribal lands in North Carolina. Makes such Tribe eligible for certain agricultural loans to acquire land within reservations with respect to lands within the exterior boundaries of Robeson and adjoining counties, North Carolina. Authorizes appropriations, but requires proposals for expenditures of such funds to be submitted by the Tribe to specified congressional committees prior to any expenditure of such funds by the Tribe.
Bill· HJRESH.J.Res. 248 (102nd)referred
United States · United States Congress · 8 May 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· HJRESH.J.Res. 246 (102nd)referred
United States · United States Congress · 7 May 1991
Constitutional Amendment - Permits a naturalized citizen of the United States who is otherwise eligible to hold the office of the President or Vice President to hold such offices after being a citizen for 11 years.
Bill· HJRESH.J.Res. 247 (102nd)referred
United States · United States Congress · 7 May 1991
Constitutional Amendment - Grants a victim of a State or Federal offense (including the next of kin of a deceased homicide victim) the right to be informed, to be present, and to be heard, when relevant, at all crucial stages of the prosecution, except to the extent that the constitutional rights of the accused are infringed.
Bill· HJRESH.J.Res. 245 (102nd)referred
United States · United States Congress · 2 May 1991
Constitutional Amendment - Grants the President line item veto authority with respect to appropriations bills.
Bill· HJRESH.J.Res. 240 (102nd)open
United States · United States Congress · 1 May 1991
Constitutional Amendment - Declares that nothing in the Constitution shall prohibit the inclusion of voluntary prayer in any public school program or activity. Provides that neither the United States nor any State shall prescribe the content of any such prayer.
Bill· SJRESS.J.Res. 128 (102nd)referred
United States · United States Congress · 24 April 1991
Constitutional Amendment - Prohibits, except in time of war, Federal fiscal year expenditures from exceeding: (1) Federal revenues (except those derived from borrowing) for that fiscal year; and (2) 20 percent of the gross national product for the preceding calendar year. Authorizes the Congress to suspend these prohibitions by concurrent resolution.
Bill· HJRESH.J.Res. 223 (102nd)referred
United States · United States Congress · 17 April 1991
Designates September 17, 1991, as Constitution Day.
Bill· HJRESH.J.Res. 224 (102nd)referred
United States · United States Congress · 17 April 1991
Constitutional Amendment - Declares that the Congress shall have 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 shall have such power with respect to State or local elections.
Bill· HJRESH.J.Res. 213 (102nd)referred
United States · United States Congress · 10 April 1991
Constitutional Amendment - Grants the President line item veto authority with respect to appropriations legislation, except for any item of appropriation for the legislative or judicial branches of the Government.
Bill· HJRESH.J.Res. 209 (102nd)referred
United States · United States Congress · 22 March 1991
Constitutional Amendment - Requires the removal from office of an Article III judge upon conviction of a criminal offense punishable by more than one year's imprisonment.
Bill· HRH.R. 1502 (102nd)open
United States · United States Congress · 20 March 1991
Violence Against Women Act of 1991 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1991 - Subtitle A: Mandatory Restitution, Treatment, and Rehabilitation for Sex Offenses - Requires that a court order restitution, treatment, and rehabilitation for violations of Federal sexual abuse laws, including participation in a psychotherapeutic treatment program by a licensed therapist for specified persons who committed sexual or sexual-related offenses. Specifies that: (1) the treatment program shall be designed to rehabilitate the affected person and to deter such person from committing a sexual offense after being released from the institution; and (2) treatment for a substance abuse-related condition shall be made available to such person in addition to, but not as a substitute for, counseling under such program. Sets forth provisions with respect to the period of treatment, the requirement of a complete forensic psychological assessment prior to the commencement of the treatment program, termination of treatment, supplemental chemical treatment (but the affected person may refuse to participate, or continue to participate, in supplementary chemical treatment), and the responsibilities of the Attorney General (such as contracting for treatment and documenting subsequent criminal sexual abuse). Directs the Attorney General to establish an advisory committee on therapeutic treatment for sex offenders. Authorizes appropriations. 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 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. Bars any State or other grantee (recipient) from receiving funds under this title unless such recipient incurs the full cost of forensic medical exams for victims of sexual assault when such exams are required under this title. Specifies that a recipient does not incur the full medical cost of such exams if it chooses to reimburse the victim after the fact unless the reimbursement program waives any minimum loss or deductible requirement, provides victim reimbursement within a reasonable time (90 days), permits applications for reimbursement within one year from the date of the exam, and provides information to all subjects of such exams about how to obtain reimbursement. 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 the 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, inadmissible 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, inadmissible 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. Authorizes the Secretary of Health and Human Services (Secretary) to make grants for research and service demonstration projects to develop and evaluate techniques for lowering the overall incidence of rape by 20 percent by the year 2000 and for reducing the trauma and long-term impact of rape. Authorizes appropriations. Title II: Safe Homes for Women - Safe Homes for Women Act - 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 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 States, and at least ten percent for Indian tribes and tribal organizations, for grants (under current law, demonstration grants) to prevent family violence and provide immediate shelter and related assistance. Limits the percentage which may be used to provide training and technical assistance to State, Indian tribal, and local domestic violence programs and to other professionals who provide services to victims of domestic violence. Subtitle D: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to: (1) specify that the purpose of such Act is to increase public awareness of, as well as to prevent, family violence, and to provide for training to the courts, and legal, social service, and health professionals (current law specifies only local public agencies, nonprofit private organizations, and others seeking such assistance); and (2) grant preference in the distribution of funds to States that give special emphasis to projects including counseling and self-help services to victims and their children (current law covers counseling, alcohol and drug abuse treatment, and self-help services to abusers and victims.) Directs the Secretary to provide for the funding of domestic violence coalitions that shall further the purposes of domestic violence intervention and prevention through activities such as: (1) working with judicial and law enforcement agencies to encourage appropriate response to domestic violence cases and specified issues, such as the use of mandatory arrest of accused offenders and the use of interstate extradition in cases of domestic violence crimes; (2) working with family law judges, Child Protective Services agencies, and children's advocates to develop appropriate responses to child custody and visitation issues in domestic violence cases, and where domestic violence and child abuse are both present; and (3) conducting public education campaigns regarding domestic violence through the use of public service announcements and informative materials designed for print and electronic broadcast media, billboards, and public transit advertising. Authorizes appropriations. Sets forth provisions with respect to the allotment of funds. Requires: (1) that any State domestic violence coalition have standing to challenge whether a grantee is in compliance with the eligibility requirements, or to seek enforcement, of provisions of the FVPSA; and (2) that each such coalition submit a report to the Secretary detailing the coordination, training, technical assistance, and public education services performed, and evaluating the effectiveness of such services. Raises the limit on funding of grants in any fiscal year to any single entity (other than to a State) to $75,000 (currently, $50,000, and a $150,000 limit on the total amount of such grants to any such single entity). Modifies provisions with respect to grants to entities other than States to require that the local share as a proportion of the total amount of funds provided under such Act to the project involved be 35 percent for new programs for the first year of the program and 20 percent for each year therafter for existing programs. (Current law specifies 35 percent in the first year such project receives a grant under such Act, 55 percent in the second such year, and 65 percent in the third such year.) Repeals a provision requiring that a specified portion of State demonstration grant funds for preventing, and assisting victims of, family violence be distributed to provide shelter for victims. Includes shelter as "related assistance" that may be funded under grants for such purposes, as well as medical services, legal assistance, technical assistance with respect to obtaining financial assistance under Federal and State programs, employment training, and educational and preventive health services. Increases the minimum allotment to States for grants under the FVPSA. Requires the General Accounting Office, within 120 days, to complete a study of, and submit to the Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. Directs the Secretary to: (1) award to not less than ten States model State leadership grants for domestic violence intervention; and (2) provide grants or contracts with public or private nonprofit organizations for the establishment and maintenance of a national resource center and six specialty resource centers focusing on one or more specified issues of concern to domestic violence victims. Sets forth eligibility requirements, funding provisions, and, with respect to the latter, reporting requirements. Subtitle E: 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 - 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 General Education Provisions Act 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 - Equal Justice for Women in the Courts Act - 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. 692 (102nd)referred
United States · United States Congress · 19 March 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 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. 193 (102nd)referred
United States · United States Congress · 19 March 1991
Constitutional Amendment - Prohibits the Congress from making any appropriation that would result in total fiscal year appropriations in excess of estimated fiscal year revenues. Authorizes suspension of this prohibition in time of war or national emergency. Prohibits any increase in the national debt. Requires repayment of this debt during the 100-year period following ratification, at a rate of ten percent repayment per ten-year period.
Bill· HJRESH.J.Res. 192 (102nd)referred
United States · United States Congress · 19 March 1991
Constitutional Amendment - Prohibits the Supreme Court or any inferior court of the United States from ordering a State or political subdivision, or an official of such State or subdivision, from laying or increasing taxes.
Bill· SS. 635 (102nd)open
United States · United States Congress · 13 March 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgement probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport, or disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contract an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide for a ten year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organization statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a Governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.
Bill· HRH.R. 1426 (102nd)open
United States · United States Congress · 13 March 1991
Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of Cheraw Indians of North Carolina. Authorizes any group of Indians in Robeson or adjoining counties, North Carolina, whose members are not enrolled in the Tribe to petition under specified provisions of the Code of Federal Regulations for acknowledgment of tribal existence. Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as federally recognized Indians, except that members of the Tribe shall not be entitled to such services until funds have been appropriated for such purposes. Deems members of the Tribe residing in Robeson and adjoining counties to be resident on or near an Indian reservation for purposes of the delivery of such services. Directs the Secretary of the Interior (the Secretary) and the Secretary of Health and Human Services: (1) upon verification of a tribal roll, to develop a determination of needs and a budget required to provide services to eligible members of the Tribe; and (2) to submit a written statement of such needs and budget with the first budget request submitted to the Congress after the fiscal year in which the tribal roll is verified. Authorizes the Tribe to plan and administer programs under Federal provisions pursuant to an annual written funding agreement between the Tribe and the Secretaries (in lieu of authority provided under the Indian Self-Determination and Education Assistance Act) specifying: (1) the services to be provided, and procedures for modifying budget allocations, within any fiscal year; and (2) the responsibility of the Secretary for, and procedure to be used in, auditing the expenditures of the Tribe. Directs the Lumbee Tribe to organize for its common welfare and to adopt a constitution and bylaws. Directs the Secretary to assist the Tribe in the drafting of a constitution and bylaws, the conduct of an election with respect to such constitution, and the reorganization of the Government of the Tribe under any such constitution and bylaws. Declares that, until the Tribe adopts a constitution, the membership of the Tribe shall consist (with certain exceptions and subject to review by the Secretary) of every individual who is named in the tribal membership roll that is in effect on the date of enactment of this Act. Requires the State of North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on specified tribal lands in North Carolina. Makes such Tribe eligible for certain agricultural loans to acquire land within reservations with respect to lands within the exterior boundaries of Robeson and adjoining counties, North Carolina. Authorizes appropriations, but requires submission of proposals by the Tribe to specified congressional committees prior to any expenditure of such funds by the Tribe.
Bill· SS. 618 (102nd)open
United States · United States Congress · 12 March 1991
Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods Act - Safer Streets and Neighborhoods Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1991 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration). Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) the export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Comprehensive Counter-Terrorism Act of 1991 - Subtitle A: Punishing Domestic and International Terrorist Acts - Part I: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder. Part II: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder. Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years' imprisonment, a fine, or both). Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act. Part III: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad. Subtitle B: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts. Part II: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. Part III: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle C: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle D: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle E: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (subject to a fine, up to 25 years' imprisonment, or both); and (2) death of one of those persons (including a sentence of death or life imprisonment without release). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title X: Habeas Corpus Reform Act - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XI: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person, with intent to kill, be sentenced to death or life imprisonment without release. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for carrying, possessing, or discharging a firearm during and in relation to such crime to up to ten years for any firearm and ten to 15 years for an assault weapon. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Increases (from five to ten years) the term of imprisonment for knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer. Sets penalties for: (1) knowingly failing to acquire the proper form or its equivalent with respect to the transfer, transport, receipt, or possession of an assault weapon; and (2) theft of explosive materials. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Permits a judicial officer to consider pretrial detention of a defendant for certain firearms and explosives offenses. Amends provisions of the Internal Revenue Code of 1986 with respect to the disposal of forfeited firearms to authorize public sale to a licensed dealer, under specified conditions. Title XII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions). Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIII: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XIV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XV: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to the Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Requires that assets seized from rural clandestine methamphetamine and other dangerous drugs laboratory operations and their operators be used primarily to fund the decontamination of the property and immediate environment chemically fouled by such operations or operators (and any remaining assets used to decontaminate other such sites throughout the jurisdiction of the task force). Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVI: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a non-driving minor was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a non-driving minor is present in the vehicle by up to one year's imprisonment and an additional $1,000 fine. Title XVIII: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and its termination date. Title XIX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires all Federal law enforcement agencies to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected against their accused offenders; (3) be notified of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) receive restitution; and (7) receive information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons required by this Act to identify and provide certain services to the victims of a crime such as informing victims about where to receive medical care, counseling, and police protection and about developments during the investigation and prosecution of the crime and after the trial (such as the arrest of a suspected offender or an escape of a convicted offender). Directs the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay, either directly or by reimbursement, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. Directs that a responsible official provide the victim with general information regarding the corrections process, including information about work release, furlough, and probation. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Amends the Federal Bankruptcy code to make an exception to a discharge in bankruptcy to the extent that the debt arises from a proceeding brought by a governmental unit to recover a civil or criminal restitution, or to the extent that such debt arises from an agreed judgment or other agreement by the debtor to pay money or transfer property in settlement of such an action by a governmental unit. Title XX: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXI: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for this reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIII: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy.
Bill· SS. 620 (102nd)referred
United States · United States Congress · 12 March 1991
Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. 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 State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of the United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed, or in the validity of the sentence of death. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for: (1) counsel to indigents charged with offenses for which capital punishment is sought, who have been sentenced to death and who seek appellate or collateral review in State court, and who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court; and (2) the entry and filing of an order in an appropriate State court of record appointing one or more counsel to represent the prisoner except upon a judicial determination that the prisoner is not indigent or the prisoner knowingly and intelligently waives the appointment of counsel. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Requires the court to fix the compensation to be paid to an attorney appointed under this Act.
Bill· HRH.R. 1400 (102nd)open
United States · United States Congress · 12 March 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgment probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contact an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide for a ten-year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a Governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.
Bill· HRH.R. 1380 (102nd)referred
United States · United States Congress · 12 March 1991
Collegiate Speech Protection Act of 1991 - Amends title VI (Federally Assisted Programs) of the Civil Rights Act of 1964 to prohibit a postsecondary educational institution that is a program or activity from subjecting any student to disciplinary sanctions solely on the basis of conduct that is speech or other communication protected from governmental restriction by the First Amendment of the Constitution. Authorizes civil actions for injunctive and declaratory relief, with awards of attorneys' fees and other costs. Exempts educational institutions controlled by a religious organization from application of this Act if application would be inconsistent with the religious tenets of the organization.
Bill· HRH.R. 1320 (102nd)open
United States · United States Congress · 7 March 1991
Title I: Findings and Definitions - National Fish and Wildlife Enhancement Act of 1991 - Sets forth congressional findings and definitions. Title II: Oil and Gas Leasing on National Wildlife Refuges - Mandates that all oil and gas leasing receipts generated from activities on units of the National Wildlife Refuge System be deposited into the Refuge Revenue Sharing Fund. Exempts oil and gas leases on Alaskan units of the System from such mandate. Amends the Alaska National Interest Lands Conservation Act (ANILCA) to repeal, with the commencement of the first coastal plain lease sale, the proscription against oil and gas leasing within the Arctic Refuge. Directs the Secretary of the Interior (the Secretary) to initiate, through the Director of the U.S. Fish and Wildlife Service (Director), a coastal plain oil and gas leasing program. Makes this Act the sole authority for oil and gas leasing and regulation on the coastal plain. Suspends all lease sales, in the event that the State of Alaska initiates a judicial challenge to the division of revenues between the State and the Federal Government, until a final decision has been issued. Directs the Secretary, through the Director, to publish draft competitive oil and gas coastal plain leasing regulations within six months after the date of enactment of this Act. Declares that further environmental analysis or documentation shall not be required for promulgation of such regulations. Sets forth environmental policy guidelines for such regulations, including a mandatory analysis of the direct, indirect, and cumulative impacts of oil and gas development. Sets forth general procedures and conditions for competitive oil and gas leasing, including expedited judicial review of administrative actions relating to such leasing, bonding requirements, and environmental stipulations. Authorizes the Secretary, through the Director, to work cooperatively with other Federal, State, and local agencies in developing and implementing a comprehensive oil and gas leasing program for the coastal plain. Grants the Secretary (acting through the Director) exclusive authority to grant a right-of-way across the coastal plain for purposes of a common carrier transportation or utility system corridor. Prohibits granting a permanent or year-round right-of-way until the first competitive coastal plain lease sale has been held. Mandates that the right-of-way standards for oil and gas pipelines across the coastal plain be consistent with the remainder of the pipeline outside the Arctic Refuge. Prohibits the construction of more than two new port facilities necessitated by oil or gas development that affects the Arctic Refuge along a specified coastal area. Prohibits the construction of any port facility within a distance of one and a half miles on either side of Pokok Bluffs (a polar bear denning habitat). Prohibits port facility or offshore causeway construction without prior consultation with specified fish and wildlife agencies. Declares that provisions of the Oil Pollution Act of 1990 shall apply to any discharge of oil, or to the substantial threat of such discharge, into or upon the coastal plain, including land owned by the Kaktovik Inupiat Corporation or other public or private entity. Makes a party liable for removal costs and damages with respect to such discharges. Grants the Secretary enforcement powers for violations of this Act, including power to issue compliance orders and assess civil and criminal penalties. Requires the Secretary to: (1) revise a specified Arctic Refuge conservation plan to include the Arctic Refuge coastal plain; (2) consult with affected State, native villages, regional corporations, and Canada in evaluating the impact of oil and gas exploration upon fish and wildlife; and (3) report biennially to the Congress regarding the status of the oil and gas leasing program and its impact upon wildlife and the environment. Requires all oil and gas leasing revenues on the Artic and the Teshekpuk-Utukok National Wildlife Refuges to be paid into the Treasury. Outlines the manner in which such revenues shall be disbursed. Establishes the National Wildlife Refuge System Enhancement Fund to promote the restoration and enhancement of units of the National Wildlife Refuge System. Establishes as a National Wildlife Refuge and as a unit of the National Wildlife Refuge System the Teshekpuk-Utukok National Wildlife Refuge. Requires the Director to prepare a comprehensive conservation plan for such Refuge. Sets forth a limited oil and gas leasing moratorium within such Refuge. Continues the local use of coal as fuel. Repeals certain statutory prohibitions applicable to subsurface coastal plain property interests owned by the Arctic Slope Regional Corporation or surface property rights owned by the Kaktovik Inupiat Corporation. Precludes the authorization of exploratory drilling involving such property interests (with specified exceptions) until the day after the first lease sale is held pursuant to this Act. Applies environmental provisions of the final regulations issued pursuant to this Act to all oil and gas exploration, development, production, and transportation activities involving such property interests. Requires all surface disturbance activities involving such property interests to be undertaken in accordance with a plan of operations to be approved by the Director. Authorizes the Arctic Slope Regional Corporation or Kaktovik Inupiat Corporation to bring a claim for money damages or other relief in specified U.S. district courts alleging that the provisions of this Act constitute a taking of contract or property rights under the fifth amendment of the Constitution. Confers full land reclamation liability upon coastal plain oil and gas leaseholders and holders of rights-of-way. Establishes the Coastal Plain Reclamation Fund with royalties from commercially produced crude oil or natural gas. Authorizes appropriations for impact aid for affected governments and communities. Directs the Secretary to establish an impact aid grant program for such entities, and to submit to the Congress the results of a study of projected impact aid needs. Title III: Miscellaneous Provisions - Amends the Migratory Bird Conservation Act to revise the membership content of the Migratory Bird Conservation Commission to include four members (currently, two) from the House of Representatives and the Senate, respectively. Provides that lease terms shall, at a minimum, address the same wildlife conservation and protection matters that are applicable to the access and development of reserved non-Federal mineral interests in National Wildlife Refuge System areas. Amends the Fish and Wildlife Improvement Act to authorize appropriations for each fiscal year through FY 1998 for the Secretary of the Interior to implement the Convention on Wetlands of International Importance Especially as Waterfowl Habitat. Amends the Refuge Administration Act to provide that specified Federal criminal law does not preclude the use of aircraft and motor vehicles in implementation of approved management plans on national wildlife refuges. National Wildlife Refuge System Administration Act - Amends the National Wildlife Refuge System Administration Act of 1966 to require the Secretary to plan for the expansion of the National Wildlife Refuge System through fish and wildlife conservation activities. Requires the Secretary to resolve conflicts between existing laws establishing a refuge and one of the above purposes. Exempts Alaskan units of the System from the administration and management provisions of this section. Declares that nothing in this section shall prohibit the Secretary from providing compatible fish-and-wildlife-oriented recreation in the System. Prohibits lands acquired with funds from the Land and Water Conservation Fund or the Migratory Bird Conservation Fund for inclusion in the System from being managed by an organization or agency other than the U.S. Fish and Wildlife Service, unless otherwise provided by an Act of the Congress. Authorizes the Secretary to exchange System lands only if he or she determines they are suitable for disposition and are no longer needed. Excludes from such exchanges the exchange of easements or other interests in such lands which would allow such interests to be managed by an organization or agency other than the Service, unless otherwise provided by an Act of the Congress.
Bill· HJRESH.J.Res. 184 (102nd)referred
United States · United States Congress · 7 March 1991
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Authorizes the Congress to limit and regulate expenditures with respect to elections for Federal office. Provides that if a Representative becomes a candidate for election to the office of Senator, such Representative's seat shall be vacated upon the date of such election.
Bill· HJRESH.J.Res. 176 (102nd)referred
United States · United States Congress · 5 March 1991
Constitutional Amendment - Declares that the Congress and the States shall have the power to prohibit, and establish criminal penalties for, the act of publicly mutilating, defacing, defiling, or burning the U.S. flag.
Bill· HJRESH.J.Res. 150 (102nd)referred
United States · United States Congress · 27 February 1991
Constitutional Amendment - Declares that authorization by the United States or any State of equal access to the use of public school facilities by student voluntary religious groups shall not constitute an establishment of religion. Prohibits: (1) construing the Constitution to prohibit a moment of silence in public schools for voluntary individual or group silent prayer or reflection; (2) the United States or any State from requiring any person to participate in such silent prayer or reflection; and (3) the United States or any State from composing any prayer or encouraging any particular form of prayer or reflection.
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