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Bill· SS. 478 (102nd)referred
United States · United States Congress · 22 February 1991
Civil Rights Amendments of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on a statistically signficant disparate impact. Declares that, when an employment practice is alleged to have mixed motives, an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, if the respondent fails to demonstrate that it would have taken the same action regardless of the race, color, religion, sex, or national origin of the individual involved. Makes it an unlawful employment practice to interpret or adjust the results of ability tests in a manner that would discriminate because of race, color, religion, sex, or national origin. Declares that, in a disparate impact case concerning use of an abiity test, when the respondent has shown that the use is justified by business necessity, use of the test shall not constitute an unlawful practice merely because the test could be adjusted on the basis of race, color, religion, sex, or national origin to reduce the disparate impact. Declares that, for provisions relating to time limits for filing charges, an unlawful employment practice occurs with regard to a seniority system: (1) when it is adopted, an individual becomes subject to it, or a person is injured by its application; and (2) if the system is alleged to have been adopted for an intentionally discriminatory purpose, whether or not that purpose is apparent on the system's face. Includes expert fees and other litigation expenses, up to a specified daily limit, in the attorney's fees which the court must (currently, may) allow the prevailing party. Defines "harassment" with regard to conduct based on race, color, religion, or national origin and with regard to conduct based on sex. Makes harassment an unlawful employment practice. Sets forth special procedures, including time limits, for harassment cases. Allows: (1) restitutionary relief in certain cases of intentional harassment; and (2) certain defenses to charges of intentional harassment. Mandates that the Federal Rules of Civil Procedure apply in the same manner as to other civil causes of action to a challenge under the Constitution or Federal civil rights laws to an employment practice implementing a litigated or consent judgment or order resolving a claim of employment discrimination. Prohibits the use of fraud or misrepresentation when presenting the qualifications of a purported prospective employee in any program by the Equal Employment Opportunity Commission designed to test the existence of unlawful employment discrimination. Declares invalid any charge filed using such fraud or misrepresentation and requires the Chairman of the Commission to take an adverse action against any Commission officer or employee who takes any action on such a charge, knowing it used fraud or misrepresentation. Amends Federal law relating to equal rights under the law and the making and enforcing of contracts to declare that: (1) the rights protected are protected against impairment by non-governmental discrimination as well as against impairment under color of State law; and (2) the provisions afford the same protection against discrimination in the performance, breach, modification, or termination of a contract as they do in the making and enforcement of the contract.
Bill· HJRESH.J.Res. 143 (102nd)referred
United States · United States Congress · 21 February 1991
Constitutional Amendment - Prohibits Federal expenditures from exceeding revenues for any fiscal year and from exceeding 19 percent of the gross national product for the last calendar year ending before the beginning of such fiscal year. Provides for a suspension of such prohibitions for any fiscal year for which three-fifths of the House of the Congress provides, by rollcall vote, for a specific excess of outlays over estimated revenues.
Bill· HJRESH.J.Res. 145 (102nd)referred
United States · United States Congress · 21 February 1991
Constitutional Amendment - Provides that the people of the several States and the District of Columbia shall elect the President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for congressional electors from that State, except that for electors of President and Vice President the legislature of any State may prescribe less restrictive residence qualifications and the Congress may establish uniform residence and age qualifications. Provides that the persons having the greatest number of votes for President and Vice President shall be elected, if such number be at least the majority of the whole number of votes cast. Provides that if no person has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the persons who received the two highest number of votes. Requires the days for such elections to be determined by the Congress. Requires the Congress to prescribe by law the time, place, and manner in which the results of such elections shall be ascertained and declared. Requires each elector to cast a single vote jointly applicable to President and Vice President. Allows the Congress to provide for the case of the death of any candidate for President or Vice President before the day on which the President-elect or Vice President-elect has been chosen, and for the case of a tie in any election.
Resolution· HRESH.Res. 86 (102nd)referred
United States · United States Congress · 21 February 1991
Impeaches George Herbert Walker Bush, President of the United States, for high crimes and misdemeanors, including: (1) violating the equal protection clause of the Constitution by putting U.S. soldiers in the Middle East who are overwhelmingly poor white, black, and Mexican-American, as well as basing their military service on the coercion of a system that denies viable economic opportunities to these classes of citizens; (2) bribing, intimidating, and threatening others, including the members of the United Nations Security Council, to support belligerent acts against Iraq; (3) preparing, planning, and conspiring to engage in a massive war against Iraq employing methods of mass destruction that would result in the killing of tens of thousands of civilians, many of whom would be children; (4) committing the United States to acts of war without congressional consent and contrary to the United Nations Charter and international law; and (5) preparing, planning, and conspiring to commit crimes against the peace by leading the United States into aggressive war against Iraq in violation of the U.S. Constitution and certain international instruments and treaties.
Bill· HRH.R. 1003 (102nd)referred
United States · United States Congress · 20 February 1991
Provides that the rate of pay of Members of Congress, judicial officers, and Executive Schedule positions shall be that in effect as of November 1, 1989, increased by 3.6 percent. States that nothing in this Act shall have the effect of reducing the pay of any individual whose compensation may not, under certain provisions of the U.S. Constitution, be diminished during such individual's continuance in office. Prohibits the pay of U.S. justices and judges from being increased to reflect any of the next five adjustments taking effect, beginning on or after the enactment of this Act. Amends the Federal Salary Act of 1967 to provide that recommendations of the President for pay adjustments for Members of Congress and other governmental officials shall be of an advisory nature only, and shall have no force or effect. Restores post-employment rules to individuals leaving government employment only if this Act becomes law before May 31, 1991.
Bill· HJRESH.J.Res. 137 (102nd)referred
United States · United States Congress · 20 February 1991
Constitutional Amendment - Prohibits the Congress from authorizing the withdrawal of funds from the Treasury during a fiscal year in excess of fiscal year revenue receipts (except those derived from borrowing), determined in accordance with estimates the President must determine and announce as soon as practicable after the end of each calendar year and revise at least quarterly. Directs the President to submit to the Congress a proposed budget that meets this same balanced budget standard. Authorizes a waiver of these provisions in time of war or national emergency.
Bill· HJRESH.J.Res. 136 (102nd)referred
United States · United States Congress · 20 February 1991
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions. States that no person shall be required by the United States or by any State to participate in prayer.
Bill· SS. 394 (102nd)referred
United States · United States Congress · 7 February 1991
Counterintelligence Improvements Act of 1991 - Amends the National Security Act of 1947 to establish requirements for access to "top secret" information (access). Entitles the President and Vice President, Members of the Congress, Justices of the Supreme Court, and Article III judges to access needed for the performance of their governmental functions without regard to the other provisions of this Act. Restricts access among government employees to those who are U.S. citizens who require routine access for the performance of official governmental functions and who have been determined to be trustworthy based upon background investigations. Permits access by others only as permitted in accordance with regulations issued by the President which shall provide that: (1) no Govenment employee shall be given access unless such person has been subject to an appropriate background investigation and has consented to granting the responsible investigative agency authority, for the period of access and five years thereafter, to examine specified financial records, consumer reports, and records maintained by commercial entities within the United States pertaining to foreign travel, has agreed to report travel to foreign countries not authorized as part of the subject's official duties, and has agreed to report to the Federal Bureau of Investigation (FBI) or other appropriate investigative authorities any unauthorized contacts with foreign nationals or persons representing foreign nationals attempting to acquire classified information; (2) all employees granted access shall be subject to additional background investigations at least every five years and to investigation by an appropriate governmental authority at any time during the period of access; (3) access by persons who do not meet such requirements shall be permitted only where the President determines that such access is essential to protect or further U.S. national security interests; and (4) a single office shall be designated to monitor implementation of such provisions and to submit annual reports and implementing regulations to the appropriate congressional committees. Sets forth provisions authorizing waivers of such provisions or regulations in extraordinary circumstances when essential for national security interests in cases involving U.S. citizens or persons admitted for permanent residence. Requires that such waivers be made a matter of record and reported to such designated office. Requires, as conditions of access to classified cryptographic information, that persons: (1) meet the requirements applicable to those having access to top secret information; and (2) be subject, during the period of such access, to periodic polygraph examinations limited in scope to questions of a counterintelligence nature. Precludes the removal of individuals from access to cryptographic information based solely upon the results produced by a polygraph instrument measuring physiological resources unless, after further investigation, the head of the department or agency concerned determines the risk to national security in permitting such access to be so potentially grave that access must be denied. Amends the Right to Financial Privacy Act to permit a customer who is the subject of a personnel security investigation conducted by an authorized investigative Government agency as a condition of being granted or maintaining access to authorize nonrevocable disclosure of all financial records maintained by financial institutions to the appropriate governmental authorities for the period of the customer's access and for up to five years after such access has been terminated. (Under current law, a person may consent to access to his financial records for a period of three months.) Requires the designated office to inform the House and Senate intelligence committees annually concerning the number of requests for financial records made pursuant to this Act. Makes it a crime to possess espionage devices with intent to violate the espionage statutes and to sell top secret documents or materials to foreign governments, with exceptions. Allows, as a defense, that the information or document in question has been officially released to the public by an authorized representative of the United States prior to the sale or transfer in question. Makes it a misdemeanor for a U.S. officer, employer, or contractor to knowingly remove top secret documents and retain them at an unauthorized location. Amends the Federal criminal code to: (1) grant specified U.S. courts jurisdiction to try cases involving espionage and related offenses begun or committed outside the United States; and (2) extend coverage of the special forfeiture provision (permitting the Attorney General to file suit to recover the profits of certain crimes) to additional crimes of espionage and to espionage convictions in foreign courts for misconduct that would constitute offenses under U.S. espionage laws. Permits the Government to deny retirement pay to U.S. retirees in the civil service, Foreign Service, and Central Intelligence Agency retirement and disability systems who are convicted of espionage in foreign courts which involve U.S. national defense information, subject to certification by the Attorney General to the agency employing or formerly employing the person concerned that the conviction had been obtained by an impartial court of appropriate jurisdiction, that the conviction is not being appealed or that final action has been taken on such appeal, and that the conviction was obtained under procedures which accorded the U.S. retiree due process rights comparable to those under the Constitution. Subjects such denial determinations to review by the U.S. Court of Claims. Amends the Consumer Credit Protection Act to require consumer reporting agencies, upon request, to furnish: (1) consumer reports to the FBI pursuant to a written certification by the Director of the FBI that the records are sought for an authorized foreign counterintelligence investigation and that the person to whom such reports relate is believed to be a foreign agent; and (2) identifying information respecting any consumer at the Director's request when necessary to the conduct of an authorized counterintelligence investigation. Prohibits such agencies from divulging to the consumer that the FBI has sought or obtained such information. Requires the Director to inform the House and Senate intelligence committees annually concerning all such requests. Amends the Electronic Communications Privacy Act of 1986 to authorize the Director of the FBI to request from wire or electronic communications service providers subscriber information concerning a person or entity where the Director certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and there is reason to believe that communications facilities registered in the name of the person or entity have been used, through the services of such provider, in communication with a foreign agent or power, or a foreign diplomatic establishment. Prohibits the FBI from conducting any investigation of a person or entity on the basis of nonpublishable information received pursuant to such request unless there is reason to believe that such person or entity is involved, or is seeking to become involved, in clandestine intelligence or international terrorism activities on behalf of a foreign agent or power, or is in a position to provide assistance to the FBI in countering such activities. Authorizes the FBI to: (1) conduct a limited inquiry to determine whether there is a basis for such an investigation, subject to guidelines issued by the Attorney General and submitted to the House and Senate intelligence committees; and (2) disseminate information and records so obtained only as provided in such guidelines and, with respect to dissemination to another Federal agency, only if such information is clearly relevant to the authorized responsibilities of such agency. Bars the dissemination of information concerning a communication of a U.S. person so obtained outside the FBI except for authorized counterintelligence or law enforcement purposes. Authorizes the Attorney General to pay rewards of up to $1,000,000 for information leading to: (1) the arrest or conviction of any individual for committing, or conspiring or attempting to commit, espionage; or (2) the prevention or frustration of an act of espionage against the United States. Amends the Foreign Intelligence Surveillance Act of 1978 to provide a court order process, similar to that required for electronic surveillance, for physical searches for foreign intelligence purposes. Empowers the special courts established under such Act, upon appropriate application and with appropriate certification, to issue an order authorizing such a search. Sets forth: (1) reporting requirements; (2) penalties for intentional violations of search or nondisclosure requirements; and (3) provisions for civil actions, including punitive damages, for violations with respect to an unauthorized search or the disclosure of information arising out of an unauthorized search.
Bill· SS. 362 (102nd)referred
United States · United States Congress · 6 February 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 arising 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· HRH.R. 857 (102nd)referred
United States · United States Congress · 6 February 1991
Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for specified Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, 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 information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; (3) attempted to kill the President of the United States; or (4) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was 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 not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Provides for the appointment of counsel in Federal capital cases where the defendant is or becomes financially unable to obtain adequate representation. Sets standards for the competence of counsel in death penalty cases. Precludes consideration of claims of ineffectiveness of counsel in specified circumstances. Provides for a mandatory stay of execution during post-conviction review. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of Supreme Court recognition of a new fundamental right that is retroactively applicable, or is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Specifies that no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to a capital sentence for specified offenses unless the governing body of the tribe has made an election that provisions of the Federal criminal code have effect over land and persons subject to its criminal jurisdiction. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); and (8) engaging in a criminal enterprise activity which results in death. Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty for certain continuing criminal enterprise drug offenses. Sets forth provisions authorizing the death penalty or lesser penalties for genocide.
Bill· HJRESH.J.Res. 119 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Prohibits any person from serving: (1) as a Representative for more than ten years in a 12-year period; (2) as a Senator for more than 12 years during any 14-year period; or (3) as a judge of the Supreme Court or an inferior court for more than ten years in a 12-year period.
Bill· HJRESH.J.Res. 117 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Modifies the fifth amendment to the United States Constitution to: (1) state that no person shall be compelled in any criminal case to be a witness against himself except in open court; and (2) provide that a person shall not be confronted with prior criminal convictions except where they are an element of the crime charged. Modifies the sixth amendment to entitle the accused in all criminal prosecutions to be informed of the evidence of the accusation (in addition to the nature and cause of the accusation as currently provided).
Bill· HJRESH.J.Res. 112 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Declares the term of office of Members of the House of Representatives to be four years. Prohibits persons from being elected to the office of Representative more than three times and to the office of Senator more than twice.
Bill· HJRESH.J.Res. 118 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Permits the President to grant a reprieve or a pardon to an individual for an offense only after such individual has been convicted.
Bill· HJRESH.J.Res. 115 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Repeals congressional authority to declare war.
Bill· HJRESH.J.Res. 126 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Requires a two-thirds vote of both Houses of the Congress to pass any concurrent resolution on the budget which carries a deficit.
Bill· HJRESH.J.Res. 114 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Directs the Congress, in exercising its powers, to assure that total fiscal year Federal outlays do not exceed receipts and that Federal indebtedness is eliminated. Presents a mandatory three fiscal year timetable for achieving a balanced budget, permitting a ten percent receipt to outlay deficit during the first fiscal year after ratification, and decreasing the permissible deficit by five percent for the succeeding two fiscal years, until a totally balanced budget is achieved. Permits waiver of these balanced budget requirements (not to exceed a ten percent receipt to outlay deficit) in times of national emergency, but only by rollcall vote of three-fourths of the total membership of both Houses. Requires a surplus budget with total Government receipts exceeding outlays by two and one-half percent of Federal indebtedness during the 40 fiscal years following achievement of a balanced budget. Applies the surplus to eliminating Federal indebtedness. Permits a waiver under emergency circumstances.
Bill· HJRESH.J.Res. 116 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Declares that the expenditure of money for the election of public officials is not protected speech under the First Amendment to the Constitution.
Bill· HJRESH.J.Res. 122 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Exempts from applicability of this amendment laws permitting medical procedures required to prevent the death of the mother.
Bill· HJRESH.J.Res. 124 (102nd)referred
United States · United States Congress · 6 February 1991
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Prohibits the performance of any abortion except under and in conformance with a law that: (1) authorizes the performance of an abortion only when a reasonable medical certainty exists that continuation of the pregnancy would result in the death of the mother; and (2) requires the person performing the abortion to make every effort to preserve the life of the unborn child.
Bill· SJRESS.J.Res. 60 (102nd)referred
United States · United States Congress · 5 February 1991
Constitutional Amendment - Authorizes the Congress to limit campaign expenditures of candidates for Federal office. Permits the States to limit expenditures of candidates for offices within their jurisdictions.
Bill· HJRESH.J.Res. 106 (102nd)referred
United States · United States Congress · 5 February 1991
Constitutional Amendment - Declares that the right to life vests in a human being at the moment of fertilization.
Bill· HJRESH.J.Res. 105 (102nd)referred
United States · United States Congress · 4 February 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· SJRESS.J.Res. 54 (102nd)referred
United States · United States Congress · 30 January 1991
Constitutional Amendment - Grants the President the authority to reduce or disapprove any item of appropriation in any Act or joint resolution, except any item of appropriation for the legislative branch.
Bill· HJRESH.J.Res. 99 (102nd)referred
United States · United States Congress · 30 January 1991
Constitutional Amendment - Limits Members of the House of Representatives to six consecutive terms and Members of the Senate to two consecutive terms.
Bill· HJRESH.J.Res. 101 (102nd)referred
United States · United States Congress · 30 January 1991
Constitutional Amendment - Repeals the 22d amendment to the Constitution (limitation on presidential terms).
Bill· HJRESH.J.Res. 93 (102nd)referred
United States · United States Congress · 28 January 1991
Constitutional Amendment - Limits Members of the House of Representatives to six consecutive terms and Members of the Senate to two consecutive terms.
Bill· HJRESH.J.Res. 94 (102nd)referred
United States · United States Congress · 28 January 1991
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
Bill· SJRESS.J.Res. 47 (102nd)referred
United States · United States Congress · 24 January 1991
Constitutional Amendment - Requires the President to submit a balanced budget to the Congress prior to each fiscal year. Requires the Congress to: (1) approve a proposed balanced budget for each fiscal year; and (2) adopt measures necessary to assure that fiscal year appropriations do not exceed revenues. Permits any bill that would cause a violation of this latter requirement to become law only if passed by two-thirds of the Senate and the House of Representatives. Authorizes a waiver of these provisions during times of declared national emergency.
Bill· SS. 244 (102nd)failed
United States · United States Congress · 23 January 1991
Puerto Rico Status Referendum Act - Title I - Requires an island-wide referendum to be held in Puerto Rico in which voters will be presented a choice of three status options for Puerto Rico as follows: (1) statehood; (2) independence; or (3) commonwealth. Specifies a date or time period during which such referendum must occur. Provides for a runoff referendum between the two status options which received the largest number of votes if there is not a majority in favor of one of the options. Requires such referendum to include "None of the Above" as an option. Requires the Governor of Puerto Rico to certify to the President and the Congress the results of the referendum. Authorizes any aggrieved person to institute an action to challenge the choice certified by the Governor. Gives a three-judge court exclusive jurisdiction over all such claims. Provides that an appeal from a final judgment of such three-judge court will lie to the U.S. Supreme Court by way of certiorari. Requires the Chairmen of specified congressional committees to introduce the appropriate title (II, III, or IV) of this Act to implement the status selected by the People of Puerto Rico. Declares that enactment of this Act constitutes a commitment by the Congress to implement the status receiving a majority. Makes the implementation legislation effective in accordance with its terms, and upon approval by the people of Puerto Rico in a ratification vote. Directs the Joint Committee on Printing to provide a Referendum Information Booklet to each voter household in Puerto Rico at least thirty days before such referendum. Authorizes appropriations. Title II: Statehood - Declares Puerto Rico, upon certification under title I of this Act, to be a State of the United States admitted into the Union on an equal footing with the other States effective January 1 of the 5th calendar year following such ratification. Provides that any lands and other properties that are set aside pursuant to law for the use of the United States shall remain the property of the United States. Requires each Federal agency having control over such lands or property retained by the United States to report to the President and the Congress concerning the continued need for such land or property. Provides for the election of U.S. Senators and Representatives. States that the office of Resident Commissioner shall cease to exist upon the swearing in of the first Member of the House. Increases the permanent membership of the House of Representatives to account for the additional Representatives from Puerto Rico. Continues in force all of the local territorial laws in force at the time of Puerto Rico's admission into the Union. States that all of the laws of the United States shall have the same force and effect within Puerto Rico as on the date immediately prior to the date of admission, with enumerated exceptions. Directs the President to appoint a Commission on Federal laws to survey U.S. laws and to make recommendations to the Congress as to which laws should be made applicable to Puerto Rico. Requires the Commission to report to the Congress on such recommendations. Authorizes appropriations. Provides for the continuation of civil causes of action and criminal offenses. Preserves the right of judicial review of final decisions of the U.S. District Court for the District of Puerto Rico or the Supreme Court of Puerto Rico. Reserves authority in the United States for the exercise by the Congress of the power of exclusive legislation over lands held by the United States for defense or Coast Guard purposes. States that Puerto Rico shall always have the right to serve civil or criminal process within such lands for acts committed within the State but outside such lands. Provides that no provision of this title will operate to confer, terminate, or restore U.S. nationality. Directs the heads of all Federal agencies to examine the application of all programs within their jurisdiction and to recommend to the President and to the Commission on Federal Laws necessary changes and additional administrative requirements to properly apply Federal laws in the new State. Provides that effective on the date of admission of Puerto Rico, all Federal programs which provide assistance to individuals shall apply in Puerto Rico as they apply within the several States. Sets forth procedures for distribution of certain entitlement benefits to individuals under specified Social Security, Supplemental Security Income, Food Stamp, and related programs. Provides that all Federal tax laws applicable to all other States shall be applicable to Puerto Rico on and after the date of its admission as a State of the Union. Continues the current Federal tax laws applicable to the Commonwealth of Puerto Rico until it becomes a State. Establishes a four-year transitional period for application of Federal income tax laws to Puerto Rico after its admission as a State. Excludes foreign sales corporations (FSCs) created or organized under Puerto Rican laws from such phase-in of Federal income tax laws during the transitional period. Imposes Federal employment, excise, estate, and gift taxes during the transitional period, in the same manner as if the Commonwealth of Puerto Rico were a State, according to a four-year phase-in schedule. Provides for a four-year phase-out of the special Puerto Rico and possession tax credit as it applies to Puerto Rico. Provides that all income and excise taxes collected under Federal internal revenue laws prior to admission of Puerto Rico as a State shall be covered into Puerto Rico's treasury. Prohibits the Legislature of Puerto Rico from imposing additional duties after the Statehood referendum is ratified. Phases out over a specified transitional period any imposed duties in effect before such ratification. Repeals provisions of Federal law with respect to imposing tariffs or duties on articles imported into Puerto Rico. Amends the Caribbean Basin Economic Recovery Act to eliminate the special treatment provided to Puerto Rico with respect to duty-free treatment of Puerto Rican articles imported into the United States. Title III: Independence - Requires the Legislative Assembly of Puerto Rico to provide for the election of delegates to a Constitutional Convention to serve until the proclamation of independence and to draft a Constitution for the Republic of Puerto Rico. Requires such Convention to draft a Constitution establishing a republican form of government which is required to guarantee the protection of fundamental human rights. Provides for the adjustment of U.S. property rights and for the ratification of the Constitution. Requires the Governor to issue a proclamation calling for the election of such officers of the Republic of Puerto Rico as may be required by the Constitution. Provides for a Joint Transition Commission which shall be responsible for expediting the orderly transfer of all functions currently exercised by the United States in Puerto Rico. Requires that the costs of the Transition Commission be evenly divided between the United States and Puerto Rico. Authorizes appropriations for the U.S. share of such costs. Directs U.S. agencies to provide technical assistance to the Commission on a reimbursable basis. Directs that any action arising from the title filed in U.S. Court be stayed and referred to the Joint Transition Commission for resolution. Directs the President, within one month of the certification of elected officers and approval of specified agreements, to: (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over Puerto Rico; and (2) recognize on behalf of the United States the independence of Puerto Rico. Vests all property, rights, and interest which the United States may have acquired over Puerto Rico, with an exception, in the Republic of Puerto Rico. Withdraws the application of all U.S. laws applicable to Puerto Rico immediately prior to independence. Requires Puerto Rico to recognize all orders and judgments rendered by U.S. or Commonwealth courts prior to independence. Declares that upon the proclamation of independence, the judicial power of the United States shall no longer extend to Puerto Rico. Provides for pending proceedings. Deems the Government of the Republic of Puerto Rico the successor to the Government of the Commonwealth of Puerto Rico. Directs the President to notify the Governments with which the United States is in diplomatic correspondence, the United Nations, and the Organization of American States that: (1) the United States has recognized the independence of Puerto Rico; and (2) all obligations and responsibilities of the U.S. Government which arise from any valid international instruments affecting Puerto Rico shall cease. Provides that all matters pertaining to Puerto Rican citizenship shall be regulated pursuant to the Constitution and laws of the Republic. States that upon the ratification under this Act, Puerto Rico shall no longer be deemed to be a part of the United States for the purposes of acquiring U.S. citizenship. States that no person born outside of the United States after such ratification shall be a U.S. citizen at birth if the parents of such person acquired U.S. citizenship solely by virtue of being born in Puerto Rico and whose principle residence continued to be Puerto Rico on or after the Proclamation, unless the parent at the time of such person's birth is a U.S. citizen employed by the Federal Government. Permits certain non-U.S. citizens to enter, lawfully engage in occupations, and establish residence as immigrants, in the United States. Requires that specific arrangements for the use of military areas by the United States in Puerto Rico be negotiated by a task force established by the Joint Transition Commission. Requires such arrangements to come into effect simultaneously with the proclamation of independence. Continues all Federal programs in Puerto Rico until the end of the fiscal year in which independence is proclaimed. Requires that specific arrangements for the continuation or phaseout of Federal programs be negotiated by a Task Force on Economic Assistance established by the Joint Transition Commission. Requires such arrangements to come into effect simultaneously with the proclamation of independence. Directs the Joint Transition Commission to establish a Task Force on Social Security to negotiate agreements necessary for the coordination of the U.S. social security system established by title II of the Social Security Act with a similar system to be established in the new Republic. Provides that such agreement shall: (1) protect the benefit rights of all individuals who have attained benefit eligibility under such title as of five calendar years subsequent to the ratification of this Act; and (2) provide appropriate credit for others who have contributed to such system. Ceases all programs operated under the Social Security Act in Puerto Rico at the end of the fiscal year in which independence is proclaimed. Requires that on December 31 of the year of such proclamation of independence issued under this Act: (1) any amounts remaining in the Unemployment Trust Fund allocable to Puerto Rico shall be transferred to the Republic of Puerto Rico; (2) the Republic of Puerto Rico shall cease to be treated as a State for purposes of Federal law relating to unemployment taxes or benefits; and (3) any person who is a U.S. citizen as described by this Act shall not be treated as an employee with regard to U.S. laws relating to unemployment taxes or benefits. Expresses the sense of the Congress that the United States should continue to maintain an open trading relationship with the Republic of Puerto Rico after a proclamation of independence is issued. States that the President should: (1) seek favorable treatment from other countries for exports from Puerto Rico; and (2) encourage other countries to maintain open trading relationships with Puerto Rico and to designate it as a beneficiary under any preferential trade arrangements. Directs the Joint Transition Commission to establish a Task Force on Trade to consider and develop the manner in which trade between the United States and the Republic of Puerto Rico will be governed following the Proclamation of Independence. Requires the Task Force to submit a report on its deliberations, along with its recommendations, to the President and to specified congressional committees. Applies a specified rate of duty of the Harmonized Tariff Schedule to products of the Republic of Puerto Rico entered or withdrawn from warehouse on or after the date of the proclamation of independence. Amends the Caribbean Basin Economic Recovery Act to include the Republic of Puerto Rico as a beneficiary country to receive duty-free treatment of its eligible articles. Authorizes the President to enter into a trade agreement with the Republic of Puerto Rico that provides for: (1) the reduction or elimination of any duty imposed by the United States; (2) the elimination of any other barriers; and (3) the establishment of a free trade area between Puerto Rico and the United States. Treats the Republic of Puerto Rico as a foreign country on and after the date of proclamation of independence, for purposes of Federal internal revenue laws. Phases out the Puerto Rico and possession tax credit with respect to income or investments from activity in Puerto Rico over a four-year transition period. Limits to certain bona fide individual residents of the Republic of Puerto Rico after its proclamation of independence the eligibility for tax exclusion of income from sources within Puerto Rico. Phases out over a five-year period the covering of certain taxes and customs duties into the treasury of Puerto Rico. Terminates the low-income housing credit with respect to Puerto Rico after ratification of this Act. Continues tax-exempt status for interest on bonds issued by Puerto Rico or its local governments on or before (but not after) the last day of the fifth calendar year beginning after such ratification. Prescribes certain gift tax rules for certain property transfers by a resident of Puerto Rico before the date of proclamation of independence. Directs the Commission to establish a Task Force on Currency and Finance to negotiate an agreement to: (1) assist Puerto Rico in the design and establishment of a deposit insurance system; (2) determine the extent of financial support to be provided for the system by U.S. insurance organizations in which Puerto Rico's financial institutions currently participate; and (3) make the necessary arrangements with respect to the use of U.S. currency by Puerto Rico if requested by Puerto Rico. Maintains until maturity the guarantees provided by the U.S. Government to investors in the secondary market for existing loans which originated in Puerto Rico. Requires the Republic of Puerto Rico to assume the outstanding debts, liabilities, and obligations of the Commonwealth of Puerto Rico and its municipalities and instrumentalities. Title IV: Commonwealth - Makes this title effective upon the ratification of the Commonwealth under this Act. States that Puerto Rico is a unique juridical status, created as a compact between the People of Puerto Rico and the United States, and enjoys the sovereignty provided by the tenth amendment to the U.S. Constitution with autonomy consistent with its character, culture, and location. Makes this relationship permanent unless revoked by mutual consent. Allows the Governor of Puerto Rico to certify that the Puerto Rico legislature has adopted a resolution that states that a Federal law should no longer apply to Puerto Rico because there is no overriding national interest in having such law apply to Puerto Rico. Provides that a Federal law so certified shall no longer apply to Puerto Rico if a joint resolution approving the recommendation of the Puerto Rican Government is enacted. Sets forth procedures for consideration of such joint resolution. Authorizes the Governor of Puerto Rico to enter into international agreements to promote the international interests of Puerto Rico as authorized by the President. Details procedures for agencies to follow with respect to rulemaking and in carrying out their duties. Provides for judicial review of such rulemaking decisions. Excludes any rule issued relating to legislative matters within the jurisdiction of the Senate Committee on Finance or the Senate Committee on Agriculture, Nutrition, and Forestry. Directs the officials of the Departments of State and Transportation to seek the advice of appropriate officials of Puerto Rico when negotiating any air transportation agreements which would affect air traffic to or from Puerto Rico. Amends the Caribbean Basin Economic Recovery Act to maintain present law with respect to Puerto Rico's special trade arrangements relating to coffee and treatment under the Caribbean Basin Initiative. Includes Puerto Rico as an insular area for purposes of provisions for the consolidation of Federal grants to such areas. Excludes any programs established or operated under the Social Security Act or the Food Stamp Act of 1977 from such a grant consolidation for Puerto Rico. Sets forth procedures for distribution of certain entitlement benefits to individuals under the Food Stamp program. Requires the heads of Federal agencies to consult with the Governor of Puerto Rico as to whether there are special circumstances or qualifications which should be considered in making appointments to specified positions. Requires the President, prior to nominating any person to serve in Puerto Rico whose appointment requires the advice and consent of the Senate, to consult with the Governor as to whether such circumstances or qualifications should be considered in deciding on a nomination. Makes consultation requirements inapplicable with respect to U.S. armed forces, Coast Guard, and law enforcement agency positions. Establishes the Office of Senate liaison for the Commonwealth of Puerto Rico. States that the purpose of such office shall be to facilitate the exchange of information between the Senate and the Puerto Rican Government. Authorizes appropriations for such Office. Directs the Secretary of State to establish a Passport Office for the Caribbean in San Juan, Puerto Rico. Directs the Secretary and the Attorney General to consult with Puerto Rico's Governor to determine what administrative actions can be taken to expedite the processing of visas. Requires the Secretary and Attorney General to report to the Congress on such consultations by March 15, 1993. Sets forth provisions with respect to antitrust laws and the development of voluntary guidelines designed to alleviate the negative impact of violence, sexually explicit material, and illegal drug use in telecast material and to promote local programming in Puerto Rico. Directs the President to report to the Congress on seven specified Federal properties. Requires such report to include an assessment of: (1) the Federal need for each property; (2) the costs and/or benefits of disposal of each property; and (3) the comments of the Puerto Rican Government regarding each property. States that, unless the President finds that there is a national interest which requires continued Federal ownership, such properties should be transferred to Puerto Rico. Establishes the San Juan National Historic Site Advisory Commission. Requires the Commission to regularly advise the Secretary of the Interior on the operation, management, and administration of the San Juan National Historic Site. Waives the renewal provision of the Federal Advisory Committee Act with respect to the Commission. Requires the Commission to report annually to the Secretary and specified congressional committees. Revises the application of the Puerto Rico and possession tax credit to domestic corporations that derive a portion of gross income from the active conduct of a trade or business within a possession of the United States. Reduces the amount of taxes and customs duties covered into the Puerto Rican treasury according to a specified schedule following ratification of this Act. Continues current social welfare benefit programs in Puerto Rico during the first calendar year following ratification for commonwealth. Requires the Secretary of Health and Human Services, beginning on January 1 of the second calendar year after such ratification, to withhold payments to the Commonwealth of Puerto Rico, under specified provisions of the Social Security Act, unless certain defined conditions are met. Establishes procedures for the operation of other entitlement programs after Puerto Rico becomes a Commonwealth.
Bill· HJRESH.J.Res. 89 (102nd)referred
United States · United States Congress · 23 January 1991
Constitutional Amendment - Grants the President line item veto authority with respect to appropriations legislation, except for any item of appropriation for the national defense, as determined by legislation enacted by the Congress.
Bill· HJRESH.J.Res. 86 (102nd)referred
United States · United States Congress · 22 January 1991
Constitutional Amendment - Declares that the right to life vests in a human being from the moment of fertilization.
Bill· HJRESH.J.Res. 84 (102nd)referred
United States · United States Congress · 22 January 1991
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of desecration of the U.S. flag and to set criminal penalties for such act.
Bill· HJRESH.J.Res. 85 (102nd)referred
United States · United States Congress · 22 January 1991
Constitutional Amendment - States that Federal judges (including Supreme Court justices): (1) shall be appointed to six-year terms; and (2) may not serve for more than 12 years.
Bill· HJRESH.J.Res. 83 (102nd)referred
United States · United States Congress · 18 January 1991
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of physical desecration of the U.S. flag and to set criminal penalties for such act.
Bill· HJRESH.J.Res. 81 (102nd)referred
United States · United States Congress · 18 January 1991
Constitutional Amendment - Proclaims the English language to be the official language of the United States. Prohibits the United States or any State from requiring the use of any other language. Declares that this article shall not prohibit educational instruction in a language other than English for the purpose of making students proficient in English. Authorizes the Congress and the States to enforce this article by appropriate legislation.
Bill· SJRESS.J.Res. 41 (102nd)referred
United States · United States Congress · 16 January 1991
Constitutional Amendment - Requires the Congress prior to each fiscal year to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
Bill· SS. 214 (102nd)referred
United States · United States Congress · 15 January 1991
Constitutional Convention Implementation Act of 1991 - Sets forth procedures for holding constitutional conventions for proposing amendments to the Constitution. Specifies general rules for State applications for such conventions. Provides a procedure for the Congress to adopt a concurrent resolution calling for a convention whenever it determines that at least two-thirds of the States have submitted within a seven-year period valid applications for the calling of a constitutional convention. Requires that the convention be convened within eight months of the adoption of the resolution. Entitles each State to two delegates on an at-large basis and one delegate from each congressional district. States that no Senator, Representative, or other person holding office under the United States shall be elected as a delegate. Requires the District of Columbia to elect as many delegates as the number of Senators and Representatives to which it would be entitled in the Congress if it were a State. Provides that the President pro tempore of the Senate and the Speaker of the House of Representatives shall convene the convention. Authorizes appropriations for the payment of convention expenses. Authorizes the convention to conduct proceedings in accordance with such rules as it may adopt by a vote of three-fifths of the number of delegates who have subscribed to the oath of office. Prohibits such convention from proposing any amendment of a subject matter different from that stated in the concurrent resolution. Requires the presiding officer of the convention to submit any proposed amendment to the Congress. Provides that an amendment shall become valid when ratified by three-fourths of the States. Permits a State to rescind its ratification, except when valid ratifications by three-fourths of the States exist. Entitles any State aggrieved by any congressional determination regarding its application for a convention or its ratification of a proposed amendment, or by any failure of the Congress to make such a timely determination, to bring an action in the Supreme Court for relief.
Bill· SJRESS.J.Res. 37 (102nd)referred
United States · United States Congress · 15 January 1991
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Exempts from applicability of this amendment laws permitting medical procedures required to prevent the death of the mother.
Bill· SS. 198 (102nd)referred
United States · United States Congress · 14 January 1991
Requires U.S. coins to be redesigned, at the discretion of the Secretary of the Treasury, over the next six years. Requires the reverse side of the first coin redesigned to commemorate the bicentennial of the Bill of Rights of the U.S. Constitution for a two-year period. Provides that the design on the obverse side of U.S. coins shall contain the likenesses of those displayed on current coins and shall be considered for redesign. Requires any such obverse redesigns to conform to the inscription requirements of current law. Requires the Secretary, in selecting new designs, to consider specified constitutional concepts. Requires the designs to be selected by the Secretary upon consultation with the United States Commission of Fine Arts. Requires that any profits from the sale of uncirculated and proof sets of U.S. coins be deposited in the Treasury and used solely to reduce the national debt.
Bill· SS. 149 (102nd)referred
United States · United States Congress · 14 January 1991
Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with an exception.
Bill· SS. 105 (102nd)referred
United States · United States Congress · 14 January 1991
Drug Kingpin Death Penalty Act - Provides for imposition of the death penalty for those: (1) subject to mandatory life imprisonment for committing a Federal drug felony as part of a continuing criminal enterprise; (2) convicted of committing such a felony as part of a continuing criminal enterprise where the defendant is a principal administrator, organizer, or leader of such an enterprise and, in order to obstruct the investigation or prosecution of the enterprise, attempts or conspires to kill any public officer, juror, witness, or family or household member of such a person; and (3) who, intending to cause death or acting with reckless disregard for human life, engage in a Federal drug felony resulting in the death of another person. Sets forth mitigating factors (such as whether the defendant's mental capacity to appreciate the wrongfulness of his or her conduct or to conform such conduct to the requirements of the law was significantly impaired, the defendant was under unusual or substantial duress, or the defendant was an accomplice whose participation in the offense was relatively minor) and aggravating factors (such as prior convictions of offenses for which a death sentence or life imprisonment was authorized, prior convictions of two or more violent or drug offenses, certain weapons offenses, the use of minors in trafficking, and lethal adulteration of a controlled substance) in determining whether a sentence of death is justified. Sets forth procedures for a special hearing to determine whether a sentence of death is justified. Requires the court to instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or any victim. Requires the court to impose a sentence of death if the jury (or if there is no jury, the court) returns a recommendation of the death penalty. Sets forth procedures for review and implementation of a sentence of death. Specifies that: (1) a sentence of death may not be carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed or upon a pregnant woman; and (2) no employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required to participate in any execution if contrary to such employee's moral or religious convictions. Provides for appointment of counsel in Federal capital cases for indigent defendants. Sets standards for competence of counsel. Specifies that Federal law does not create appointment of counsel requirements in State capital cases other than those imposed by the Constitution. Specifies that appointment of counsel in the Federal habeas corpus review of State capital cases is discretionary.
Bill· SS. 45 (102nd)open
United States · United States Congress · 14 January 1991
Jena Band of Choctaw Recognition Act - Extends Federal recognition and associated services and benefits to the Jena Band of Choctaws of Louisiana. Directs that the Tribe be governed by an Interim Council until the Secretary of the Interior, upon the written request of the Council, conducts an election to adopt a constitution for the Tribe and elect tribal officials.
Bill· SS. 15 (102nd)open
United States · United States Congress · 14 January 1991
Violence Against Women Act of 1991 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1991 - Subtitle A: Federal Penalties for Sex Crimes - Amends Federal law to require the U.S. Sentencing Commission to create or amend guidelines to provide for: (1) up to twice the term of imprisonment or fine for violation, after the first conviction, of Federal laws relating to sexual abuse or similar laws of any State or foreign country; and (2) minimum or increased maximum sentences for rape, aggravated rape, or statutory rape. Requires that a court order restitution for violations of such Federal sexual abuse laws. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crime Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Requires that the grants be used for personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women. Authorizes the Director to make grants to States, for use by States and their subdivisions, to be used for the same purposes as the high intensity area grants and to reduce the the rate of violent crimes against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Authorizes the Director, in addition to the grants under this subtitle, to direct any Federal agency, with or without reimbursement, to use its authorities and resources in support of State and local assistance efforts. Authorizes appropriations. Subtitle C: Safety for Women in Public Transit and Public Parks - Directs the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Sets the Federal share of each project at 90 percent of the net cost. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. Amends the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System (NPS). Provides for compilation of a list of areas within the NPS with the highest rates of violent crime. Allows funds to be used, around public parks and recreation areas, for increasing lighting, providing emergency phone lines, increasing security or law enforcement personnel, and any other project to increase security and safety. Amends the Land and Water Conservation Act of 1965 to direct the Secretary of the Interior to provide grants for capital improvements and other measures to increase safety in public parks and recreation areas. Subtitle D: National Commission on Violent Crime Against Women - Establishes the National Commission on Violent Crime Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Authorizes appropriations. Terminates the Commission after submission of its final report, subject to extension by the President for up to one more year. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, notwithstanding any other provision of law and in criminal cases other than a sex offense case, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Makes reputation or opinion evidence of the plaintiff's past sexual behavior, notwithstanding any other provisions of law, inadmissable in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Defines actionable sexual misconduct to include sex harassment or discrimination claims under title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 and gender bias claims under title III of this Act. Makes evidentiary rulings made under specified Federal Rules of Evidence relating to sex offense cases and the relevance of a victim's past behavior subject to interlocutory appeal by the Government or by the alleged victim. Allows the alleged victim to waive those rules if the prosecution seeks to offer evidence of prior sexual history. Makes evidence of an alleged victim's clothing, notwithstanding any other provision of law and in a criminal case under Federal laws relating to sexual abuse, inadmissable to show the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act (PHSA) to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. Authorizes appropriations. Removes a requirement that a minimum amount from the block grants under the PHSA be allotted to States on the basis of population. Removes provisions allowing a State to use amounts paid to the State under block grant provisions and amounts transferred by the State to provide services to rape victims and for rape prevention. Requires grant recipients under this title to incur the full cost of forensic medical exams for victims of sexual assault. Title II: Safe Homes for Women - Safe Homes for Women Act of 1990 - Subtitle A: Interstate Enforcement - Provides for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who travels or causes another (including the intended victim) to travel across State lines or in interstate commerce with intent to injure a spouse or intimate partner and who, during the travel or thereafter, injures his or her spouse or intimate partner in violation of a criminal law of the State where the injury occurs, or in violation of a State protection order. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Makes a protection order issued against a person who filed a written pleading for protection not entitled to full faith and credit if no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order or, if a cross or counter petition was filed, the court did not specifically find each party entitled to such an order. Subtitle B: Arrest in Spousal Abuse Cases - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary of Health and Human Services to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize and coordinate police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; and (3) educate judges to improve judicial handling of cases. Directs the Secretary to delegate to the Attorney General responsibility to carry out these provisions. Authorizes appropriations. Subtitle C: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act, earmarking at least 85 percent of funds appropriated for State demonstration grants to prevent family violence and provide immediate shelter and related assistance. Limits the percentage which may be used to carry out public information campaigns under provisions of subtitle D of this title. Subtitle D: Family Violence Prevention and Services Act Amendments - Allows demonstration grants to be used to increase public awareness about, as well as to prevent, family violence. Authorizes the Secretary to make grants for public information campaigns regarding domestic violence. Requires each State, in order to be eligible for the grants, to establish a Commission on Domestic Violence to examine matters such as arrest, prosecution, sentencing, restitution, and reporting. Directs (currently, authorizes) the Secretary to make a specified percentage (currently, no specified percentage) available for demonstration grants to Indian tribes. Removes the limit on the aggregate amount of grants to any single entity. Revises requirements regarding the local share of program costs for grants to entities other than States or Indian tribes. Increases the percentage of funds required to be used for shelter and related assistance for victims of family violence and their dependents. Allows law enforcement training grants to be made under existing provisions only to private nonprofit organizations with experience in providing training and technical assistance to law enforcement personnel on a national or regional basis. Directs the Secretary to make grants to at least ten States to assist in becoming model demonstration States and in improving State leadership concerning: (1) increasing prosecutions for domestic crimes; (2) encouraging reporting of domestic violence; and (3) facilitating arrests and aggressive prosecution policies. Sets forth requirements for being designated a model State. Authorizes appropriations. Directs the Secretary to delegate responsibilities under these provisions to the Attorney General. Directs the Secretary to make grants or contracts for the establishment and maintenance of six national resource centers to provide training and technical assistance to State, Indian tribal, and local domestic violence programs and to other professionals who provide services to domestic violence victims. Subtitle E: Youth Education and Domestic Violence - Directs the Secretary of Education to develop three separate model programs for education of young people about domestic violence and violence among intimate partners, with one program for each of primary and middle schools, secondary schools, and institutions of higher education. Authorizes appropriations. Subtitle F: Confidentiality for Abused Persons - Requires the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses. Title III: Civil Rights - Declares that all persons within the United States shall have the same rights, privileges, and immunities in every State as are enjoyed by all other persons to be free from crimes of violence motivated by the victim's gender (defined as any crime of violence, including rape, sexual assault, sexual abuse, abusive sexual contact, or any other crime of violence committed because of or on the basis of gender). Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of the rights, privileges, and immunities secured by the Constitution and laws as enumerated by this Act liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, or other relief as the court deems appropriate. Amends the Civil Rights Attorney's Fees Awards Act of 1976 to allow the awarding of attorney's fees in actions to enforce this title. Title IV: Safe Campuses for Women - Safe Campuses for Women Act of 1990 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make, on a competitive basis, grants to and contracts with institutions of higher education for rape education and prevention programs. Requires that the grants be used to educate and provide support services to student victims of rape or sexual assault, with 25 percent of the funds available for model demonstration programs for rape prevention and education curricula and for local programs to provide services to student rape victims. Authorizes appropriations to carry out title X (Fund for the Improvement of Postsecondary Education) of the Act. Amends the Crime Awareness and Campus Security Act of 1990 to add sexual assault to the list of criminal offenses about which statistics must be disclosed by institutions participating in certain programs. Title V: Equal Justice for Women in the Courts Act of 1990 - Equal Justice for Women in the Courts Act of 1991 - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires the State Justice Institute to expend at least: (1) 40 percent of appropriated funds on programs regarding domestic violence; and (2) 40 percent on programs regarding rape and assault. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Directs the Federal Judicial Center to study and report on the nature and extent of gender bias in the Federal courts. Requires the Center to develop and disseminate model programs to be used in training Federal judges and court personnel in the laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires between 25 and 40 percent of such funds to be used for the study required by this subtitle.
Bill· SS. 151 (102nd)referred
United States · United States Congress · 14 January 1991
Exclusionary Rule Limitation Act of 1991 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the search or seizure was undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief (unless the warrant was obtained through intentional and material misrepresentation). States that, except as provided by statute or a rule of procedure, evidence which is otherwise admissible shall not be excluded on the ground that the evidence was obtained in violation of a law, rule, or regulation.
Bill· SS. 18 (102nd)referred
United States · United States Congress · 14 January 1991
Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for specified Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; (3) attempted to kill the President of the United States; or (4) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Provides for the appointment of counsel in Federal capital cases where the defendant is or becomes financially unable to obtain adequate representation. Sets standards for the competence of counsel in death penalty cases. Precludes consideration of claims of ineffectiveness of counsel in specified circumstances. Provides for a mandatory stay of execution during post-conviction review. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of Supreme Court recognition of a new fundamental right that is retroactively applicable, or is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); and (8) engaging in a criminal enterprise activity which results in death. Sets forth provisions authorizing the death penalty or lesser penalties for genocide, killings of court officers or jurors, and retaliatory killings of witnesses, victims, and informants. Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty for certain continuing criminal enterprise drug offenses. Sets forth aggravating factors to be considered by the jury or the court when imposing sentence.
Bill· SS. 19 (102nd)referred
United States · United States Congress · 14 January 1991
Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by defendants subject to capital punishment and prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this title. Sets forth procedures for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of Supreme Court recognition of a new fundamental right that is retroactively applicable, or is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the filing of any successive petition for a writ of habeas corpus is authorized by the appropriate court of appeals and the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed or newly discovered facts are not based upon opinion evidence which would be sufficient to undermine the court's confidence in the validity of the death sentence. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this title shall provide for: (1) counsel to indigents charged with offenses for which capital punishment is sought, to those who have been sentenced to death and who seek appellate or collateral review in State court, and to those who have been sentenced to death and seek certiorari review in the U.S. Supreme Court; and (2) the entry of an order of a court of record appointing one or more counsel to represent the prisoner except upon a judicial determination (after a hearing, if necessary) that the prisoner is not indigent or knowingly waives the appointment of counsel. Requires at least one attorney appointed pursuant to this title before trial and one appointed after trial, if applicable, to be certified by a statewide certification authority, with exceptions. Authorizes the States to elect to create between one and three certification authorities (i.e., a special committee constituted by the State court of last resort or by State law, a capital litigation resource center, or a statewide defender organization) to: (1) certify attorneys qualified to represent persons charged with capital offenses or sentenced to death; (2) draft and annually publish procedures and standards by which attorneys are certified and rosters of certified attorneys; and (3) periodically review the roster of certified attorneys, monitor the performance of all attorneys certified, and withdraw certification from any attorney who fails to meet high performance standards or to demonstrate continuing competence to represent prisoners in capital litigation. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Directs the court to fix the compensation to be paid to an attorney appointed under this title. Specifies which law controls in Federal habeas corpus proceedings. Sets forth habeas corpus time requirements. Specifies that an applicant for habeas corpus in a capital case shall be deemed to have exhausted the remedies available in the courts of the State when he has exhausted any right to direct appeal in the State.
Bill· SJRESS.J.Res. 35 (102nd)open
United States · United States Congress · 14 January 1991
Constitutional Amendment - Declares that the Congress has the power to set reasonable limits on campaign expenditures by, in support of, or in opposition to any candidate in any primary or other election for Federal office. Declares that the States have such power with respect to State or local elections.
Bill· SJRESS.J.Res. 18 (102nd)reported
United States · United States Congress · 14 January 1991
Constitutional Amendment - Prohibits fiscal year Federal outlays (except those for repayment of debt principal) from exceeding receipts (except those derived from borrowing), unless three-fifths of both Houses of Congress (by roll call vote) provide for a specific excess. Directs the President, prior to each fiscal year, to transmit to the Congress a proposed budget in which outlays do not exceed receipts. Declares that any bill to increase revenue shall become law only if approved by a majority of each House by a roll call vote, unless such bill is approved by unanimous consent. Authorizes a waiver of these provisions when a declaration of war is in effect.
Bill· SJRESS.J.Res. 5 (102nd)failed
United States · United States Congress · 14 January 1991
Constitutional Amendment - Prohibits fiscal year Federal outlays (except those for repayment of debt principal) from exceeding receipts (except those derived from borrowing), unless the Congress authorizes a specific excess by a three-fifths vote of both Houses. Directs the President to submit to the Congress prior to each fiscal year a proposed budget that meets this standard. Authorizes the Congress, upon the request of the President, to waive these provisions when a declaration of war is in effect.
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