United States · United States Congress · 3 January 1991
Authorizes the Secretary of Labor, in the case of any individual discharged or dismissed from the armed forces under conditions other than honorable, to consider an application for, and issuance to such person of, an Exemplary Rehabilitation Certificate, if it is established that such person has rehabilitated himself, that his character is good, and that his conduct, activities, and habits since he was discharged or dismissed have been exemplary for a reasonable period of time, but not less than three years. Directs the Secretary of Labor to supply to the Secretary of Defense a copy of each such certificate issued, and requires the Secretary of Defense to place such certificate in the military personnel record of the affected individual. Permits the use of both oral and written evidence in the determination of the appropriateness of the certificate, including an appearance in person or by counsel before the Secretary of Labor by the individual being considered. Provides that no Federal or veterans' benefits shall accrue to an individual receiving such a certificate, unless the individual was previously eligible for such benefits under the original discharge or dismissal. Directs the Secretary of Labor to ensure that public employment offices accord to any person so discharged or dismissed but receiving an Exemplary Rehabilitation Certificate special counseling and job development assistance. Directs the Secretary of Labor, no later than January 15 of each year, to report to the Congress the number of cases reviewed under this Act and the number of certificates issued. Authorizes the Secretary to issue regulations, delegate authority, and utilize the services of the Office of Personnel Management in carrying out this Act.
United States · United States Congress · 3 January 1991
Telecommunications Drug Enforcement Act of 1991 - Amends the Communications Act of 1934 to authorize a Government attorney or State investigative or law enforcement officer to apply for an order requiring a mobile radio services licensee to discontinue service to a mobile radio unit if an appropriate court finds that there is probable cause to believe that the unit is transmitting or receiving communications in connection with the illegal manufacture, distribution, or sale of a controlled substance. Outlines application and order content requirements. Requires such mobile unit holder to be notified within three days of issuance of the court order. Preserves all rights of such holder to contest such ruling.
United States · United States Congress · 3 January 1991
Privatization of Art Act of 1991 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA). Provides for transfer of all NEA property to the National Endowment for the Humanities. Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of NEA and NCA.
United States · United States Congress · 3 January 1991
Refuge Wildlife Protection Act of 1991 - Amends the National Wildlife Refuge System Administration Act to require that any wildlife management or other activity which affects wildlife in any area of the System be conducted in the most humane manner possible. Permits the Secretary of the Interior to authorize any killing of a member of a wildlife species within any area of the System, based upon evidence that such killing is necessary for the health and habitat of wildlife species within the area, to protect public health and safety, and that non-lethal management alternatives are not available. Requires the Secretary to provide the scientific information upon which the authorization is based as well as details such as the numbers to be killed. Authorizes public hearings on such decisions unless an emergency exists. Authorizes the Secretary to contract out such killing. Authorizes the Secretary to donate the carcass to a charitable organization for a charitable purpose.
United States · United States Congress · 3 January 1991
Dolphin Protection and Fair Fishing Act of 1991 - Amends the Marine Mammal Protection Act of 1972 to prohibit, with regard to fishing for yellowfin tuna, promulgation of regulations or issuance of permits allowing the intentional setting of purse seine nets on marine mammals. Revokes previously issued permits. Mandates observers on tuna fishing vessels in the eastern tropical Pacific Ocean to ensure that the taking of any marine mammal is reported to the Secretary of the department in which the National Oceanic and Atmospheric Administrtion is operating. Modifies requirements regarding: (1) the level of incidental taking of marine mammals by countries exporting to the United States and by U.S. vessels; and (2) the total take of dolphins in specified years. Authorizes appropriations for research and development of alternative tuna fishing methods and technologies that do not involve intentional encirclement of dolphins or other intentional takings of marine mammals.
United States · United States Congress · 3 January 1991
Independent Defense Procurement Corps Act of 1991 - Title I: Independent Defense Procurement Corps - Establishes as an independent agency in the executive branch the Independent Defense Procurement Corps. Requires the Director of the Corps to establish a personnel system for civilian personnel within the Corps. Allows current members of the armed forces to fill the initial staff requirements of the Corps for no longer than five years after enactment of this Act, unless certain conditions have been met. Requires the Corps to carry out all procurement functions of the Department of Defense (DOD). Requires the Corps to: (1) operate as the sole negotiator between the private sector and DOD in defense procurement business; (2) seek and receive evaluations and advice from specified officials within DOD about the need and justification for property and services; and (3) carry out functions and relevant acquisition regulations of DOD relating to the research, development, and production of property and services. Requires the Secretary of Defense to be the chief liaison between DOD and the Corps for purposes of communicating the views of DOD, including the military departments and defense agencies, on acquisition matters. Prohibits a person from serving as Director if such person has been employed by a defense contractor or the Corps, has served on active duty with the armed forces, or has been a consultant to DOD during the three-year period before being nominated as Director. Prohibits a former Director from accepting compensation for a period of five years after leaving office from any person under contract with DOD or the Corps during the period in which such person served as Director. Provides similar three-year limitations for staff members of the Corps. Requires the Director to submit to the President, the Congress, and the Secretary of Defense annual reports on the activities of the Corps. Terminates the position of Under Secretary of Defense for Acquisition. Transfers to the Director all procurement functions from various offices within the departments and agencies of DOD. Title II: Inspector General for Defense Procurement - Establishes the Office of the Inspector General for Defense Procurement as an independent office in the executive branch. Requires the Inspector General to appoint: (1) an Assistant Inspector General for Auditing who shall be responsible for auditing the programs and operations of the Corps; and (2) an Assistant Inspector General for Investigations who shall be responsible for supervising the performance of investigative activities relating to such programs and operations. Prohibits a person from serving as Inspector General if such person has been employed by, or has been a consultant to, a person under contract with DOD or the Corps, has served on active duty as an officer in the armed forces, or has been a consultant to DOD during the five-year period ending on the date on which the person is nominated to be Inspector General. Prohibits a former Inspector General from accepting compensation for five years after serving in such position from any person under contract with DOD or the Corps during the period in which the person served as Inspector General. Provides similar three-year limitations for employees of the Office. Prohibits any member of the armed forces, active or reserve, from being appointed to the Office under this Act.
United States · United States Congress · 3 January 1991
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 3 January 1991
Legislative Line Item Veto Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 3 January 1991
Family and Medical Leave Act of 1991 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; (2) both parents may not take such leave at the same time; and (3) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows all leave to which an employee is entitled under this title: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give reasonable notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this Act, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) second opinion; (4) resolution of conflicting opinions; and (5) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this Act, including provisions relating to: (1) restoration to position; (2) denial of such restoration in the case of certain highly compensated employees; (3) maintenance of health benefits; and (4) no bar to agreement concerning alternative employment. Prohibits employers or other persons from interfering with employee rights under this Act or from discriminating against any individual because of participation in proceedings or inquiries under this Act. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for investigative authority, injunctive and monetary relief, attorneys' fees, and limitation of actions. Sets forth special rules concerning employees of local educational agencies, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this title. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Allows such employees up to: (1) 18 administrative workweeks in any 24-month period for family leave (i.e., leave because of the birth or placement of a child or care of a sick child or parent), but such leave may not be used at a time more than 12 months after such birth or placement; and (2) 26 administrative workweeks during any 12-month period for temporary medical leave. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth certification provisions and prohibitions against coercion. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - Establishes the Commission on Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses and alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this title within 60 days. Title V: Coverage of Congressional Employees - Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.
United States · United States Congress · 3 January 1991
Water Project Beautification Act of 1991 - Prohibits the Secretary of the Army from executing a water resources project unless the relevant State or local government enters into an agreement with the Secretary to reconstruct any lands adversely affected by such project to an aesthetically appealing and environmentally compatible condition.
United States · United States Congress · 3 January 1991
Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law.
United States · United States Congress · 3 January 1991
Merchant Marine and Defense Act of 1991 - Title I: General Provisions - Sets forth congressional findings regarding the maritime industries and national defense. Declares that it is the policy of the United States to develop the necessary maritime resources to meet U.S. national defense and economic security requirements. Title II: Operating Differential Subsidy Reform - Amends provisions of the Merchant Marine Act, 1936 relating to the operating-differential subsidy (ODS) to: (1) allow the Secretary of Transportation, in determining whether to approve an application or revise a contract, to consider the availability of funding; and (2) prohibit the Secretary, in making such determinations, from making a distinction between persons already receiving such aid and new applicants. Revises the definition of "essential service" to include any operation determined by the Secretary to be necessary for national defense or for competitive and economical operation of U.S.-flag vessels in foreign commerce. Requires, for ODS aid, that a vessel be a militarily useful dry cargo vessel less than 20 years old and U.S.-documented. Directs the Secretary, notwithstanding any other law, to allow any qualified U.S. operator to qualify any militarily useful vessels for an ODS if the operator applies within one year of enactment of this Act, meets the requirements for such aid, and meets other requirements. Defines "qualified operator" to mean a U.S. citizen who owned, during the two years ending on the date of enactment of this Act, oceangoing vessels documented in the United States. Ends the Secretary's authority to determine suitable ocean routes and lines to foreign ports. Ends the ODS eligibility requirement that vessels be operating in an essential service. Directs the Secretary to designate ocean services, routes, and lines to not be essential services for purposes of ODS. Prohibits the Secretary from designating a route after two years after enactment of this Act unless operation on that route under an ODS is essential for national security. Repeals provisions excluding certain vessels from eligibility for an ODS. Reduces the maximum period for ODS contracts from 20 to ten years. Modifies the formula for determining the amount of ODS payments. Eliminates ODS coverage for insurance, maintenance and repair, and subsistence of officers and crews. Shields contracts in effect on the date of enactment of this Act from the changes until specified events occur. Changes the definition of "collective bargaining costs." Requires wage subsidies to be paid semimonthly rather than monthly. Prohibits the Secretary from entering into or making payments on ODS contracts for a dry cargo or dry bulk vessel that is more than 25 years old or a tanker vessel that is more than 20 years old. (Current law prohibits ODS payments for vessels that are more than 25 years old.) Directs the Secretary, in awarding and revising ODS contracts, to ensure that disruptions to parties to existing contracts are minimized. Provides for a reduction of ODS payments for a particular voyage in proportion to the amount of revenue payable under cargo preference provisions, subject to exception. Authorizes the Secretary to carry out ODS provisions so as to provide incentives for improving the efficiency of operation of vessels for which an ODS is paid. Allows the Secretary to authorize a contractor receiving an ODS for operations of a line haul vessel to own or operate certain foreign flag vessels that act as feeder vessels for that line hall vessel. Authorizes the Secretary, notwithstanding specified provisions, to enter into ODS contracts with U.S. citizens for the operation of any militarily useful vessel built in a foreign shipyard if the citizen has a foreign vessel acquisition right issued by the Secretary and if other requirements are met. Directs the Secretary to establish a program for the issuance of a foreign vessel acquisition right with respect to each oceangoing merchant vessel over a specified number of deadweight tons for which construction in the United States is started on or after enactment of this Act. Requires the program to provide for the assignment by the Secretary of such rights to any U.S. citizen. Requires amounts received as revenue under the program to be deposited in the Procure and Charter Shipyard Improvement Fund established under title XIV of the Merchant Marine Act, 1936 for use under that title. Declares that these provisions shall not be construed to authorize any vessel built or acquired outside the United States to engage in the coastwise trade. Authorizes the Secretary: (1) notwithstanding specified provisions, to enter into ODS contracts for one year after enactment of this Act with any qualified operator for the operation of any militarily useful vessel built in a foreign shipyard if the vessel meets certain requirements; and (2) on and after the date of enactment of this Act, to enter into ODS contracts for operation of any vessels eligible for such subsidies by reason of these provisions, the contracts to be effective after the vessels are delivered and documented under U.S. laws. Amends the Merchant Marine Act, 1936 to modify the definition, for purposes of provisions relating to cargo preference, of the term "privately owned United States-flag commercial vessels" so as to allow certain foreign-built vessels to carry preference cargo, subject to limitation. Authorizes the Secretary, notwithstanding cargo preference limitations, to declare a foreign-built vessel eligible for preference cargo, if the Secretary is authorized to enter into an ODS contract with respect to that vessel and if other conditions are met. Title III: Procure and Charter Program - Part A: Design and Construction of Vessels and Improvement of Shipyards - Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a program under which amounts in the Procure and Charter Revolving Fund (Fund) must be used to: (1) fund contracts for the design in the United States of militarily useful merchant vessels; (2) fund contracts for the construction of such vessels in privately owned U.S. shipyards; and (3) provide assistance to such shipyards for improvements to equipment, systems, and techniques. Directs the Secretary to enter into contracts for the: (1) design and construction of prototypes of militarily useful merchant vessels; and (2) construction of militarily useful merchant vessels in accordance with such designs and prototypes. Sets forth vessel requirements, contractor eligibility requirements, and contract restrictions. Directs the Secretary to require that, as part of the contract, any person awarded a contract improve facilities and management systems of the person and achieve improvements in productivity and cost reductions through serial construction. Authorizes the Secretary to provide vessel construction contractors under these provisions financial assistance in an amount equal to one-half of the costs of improvements in vessel construction equipment, systems, and techniques to be used in carrying out the contract. Prohibits the assistance unless the Secretary determines that the assistance will result in reduced total costs and increased productivity in carrying out construction under these provisions. Limits the amount of the assistance. Authorizes appropriations from the fund as necessary for constructing an average of 12 vessels in each of the FY 1989 through 2000. Part B: Vessel Charter and Sale - Directs the Secretary to establish a program for the chartering and disposing of vessels constructed under part A of this title. Authorizes the Secretary to enter into contracts with any eligible person for the charter by the person of such vessels. Sets forth charter contract terms. Directs the Secretary, as a condition of a contract, to require: (1) a deposit to ensure the faithful performance of all requirements of the contracts, including indemnity against liens on the vessel; and (2) insurance at the expense of the person entering into the contract. Sets forth contracting procedures. Allows the Secretary to terminate a contract: (1) on a presidential proclamation that termination is required for national defense; and (2) during a national emergency declared by the President. Directs the Secretary, in chartering vessels, to avoid conferring any unfair advantage on a charterer. Authorizes the Secretary of Transportation (Secretary) and the Secretary of Defense to contract for the charter of any vessel constructed under part A of this title, for use by the Department of the Navy, at rates determined by the Secretary (but not less than the prevailing commercial rate) for not more than two years. Authorizes the Secretary of Defense to contract with any private person to subcharter any vessel constructed under part A, unless the operation of the vessel under that contract will adversely affect the commercial operation of a vessel documented under U.S. laws. Authorizes the Secretary of Transportation (Secretary) to sell or otherwise dispose of (including by transfer to the National Defense Reserve Fleet) a vessel constructed under this title if the vessel is not under contract and no reasonable contract offers have been received, and if other conditions are met. Mandates that the Secretary require as compensation for a vessel sold or disposed of an amount at least as much as the U.S. cost in constructing the vessel, less depreciation. Directs the Secretary, in disposing of vessels, to avoid conferring any unfair advantage on any person who acquires the vessel. Authorizes the Secretary to dispose of a vessel to any person for purposes of scrapping the vessel. Part C: Procure and Charter Revolving Fund - Establishes in the Treasury the Procure and Charter Revolving Fund, to consist of amounts deposited in and transferred to the Fund under these provisions. Directs the Secretary of the Treasury to: (1) deposit in the Fund all proceeds of charters, sales, and disposals under part B of this title, all duties under specified provisions of the Tariff Act of 1930, all proceeds of issuance of foreign vessel acquisition rights under provisions of the Merchant Marine Act, 1936 as amended by this Act, and interest on such amounts; and (2) transfer to the Fund, for each of the FY 1990 through 2000, any difference between the deposited amounts and the amount authorized to be appropriated under part A of this title. Makes amounts in the Fund available to the Secretary for vessel design and construction and shipyard assistance. Terminates the Fund, with the balance reverting to the general fund of the Treasury, upon a finding by the Secretary that amounts in the Fund plus anticipated receipts are insufficient for funding construction contracts. Mandates deposit in the general fund of the Treasury of any amounts received after termination of the Fund. Part D: General Provisions - Directs the Secretary to: (1) submit an annual report to the Congress regarding matters under this title; and (2) issue regulations to carry out this title. Title IV: Simplification of Procedure for Long-Term Military Leases - Amends Federal law to exempt noncombatant oceangoing vessels from provisions relating to authorization required for certain long-term leases of vessels and aircraft by military departments. Directs the Secretary of Defense to submit an annual report to specified committees of the Congress describing each case in which the Department of the Navy is seeking, or considering seeking, to enter into a long-term charter of an oceangoing vessel under the provisions amended by this title. Title V: Vessel Prototype Design and Construction Program - Directs the Secretary of Transportation to: (1) establish a program for the design and construction of dry and liquid cargo vessel prototypes and troop carrying vessel prototypes; (2) establish guidelines for such design and construction; and (3) conduct a series of competitions for the selection of designs for vessel prototypes. Sets forth design criteria. Authorizes the Secretary to contract for the production of vessel prototype designs. Directs the Secreary to encourage such cooperation between naval architecture firms and ship building firms as may facilitate the use of modern production techniques. Directs the Secretary to contract for the construction in private U.S. shipyards of one of each vessel prototype design. Sets forth criteria for selection of shipyards. Directs the Secretary to base contract awards, to the maximum extent practicable, on consideration (in addition to other considerations required by law) of maintaining the U.S. ship building mobilization base. Requires prototypes constructed under this title to be chartered or otherwise disposed of under the program established under part B of title III of this Act. Requires information obtained through the design and construction of prototypes to be made available to private shipyards and ship suppliers. Title VI: Federal Ship Mortgage Insurance - Amends the Merchant Marine Act, 1936 to exclude from the definition of "vessel," as used in provisions relating to Federal ship mortgage insurance: (1) any vessel used primarily for offshsore exploration or exploitation of petroleum; and (2) barges, tugs, towboats, and workboats. Title VII: Tax Incentives for Modernization of U.S. Shipyards - Amends provisions of the Merchant Marine Act, 1936 and the Internal Revenue Code regarding tax incentives and relating to merchant marine capital construction funds to define "reconstruction" to include general repairs to a qualified vessel to the extent that their costs exceeds a specified amount. Adds references to shipyards to the same provisions of both Acts. (Current law provides the incentives only for certain vessels and related barges or containers.) Amends the Internal Revenue Code to add qualified vessels and qualified shipyards to the list of exceptions to the termination of the regular percentage, for purposes of determining the amount of the investment tax credit. Restores, for such vessels and shipyards, the depreciation schedule which was in effect on the day before the enactment of the Tax Reform Act of 1986. Title VIII: Tariff and Trade Reform for Vessel Construction and Operation - Amends the Tariff Act of 1930 to impose, when purchased or performed in a foreign country, an ad valorem duty on: (1) modifications and permanent additions to the hull, fittings, or superstructure of a vessel, including inspections required by the classifications societies, insurers, and governmental entities; and (2) vessel drydocking and all services necessary for drydocking. Excludes emergency repairs from imposition of such duty. Relieves the owner or operator of a vessel from liability for the duty if the owner or operator elects to spend, in a shipyard in the United States within five years, for equipment, repair parts or materials, or repairs, a cumulative amount at least equal to the duty. Makes an owner or operator who fails to so spend liable for the duty plus accrued interest. Requires amounts received as a duty to be deposited into the Procure and Charter Revolving Fund established by this Act. Title IX: Expansion of Cargo Reserved for U.S. Vessels - Amends cargo preference provisions of the Merchant Marine Act, 1936 to require that 100 percent of the agricultural and nonagricultural ocean-borne cargoes generated by the U.S. Government, including cargoes generated as a result of a foreign aid cash transfer program, be transported on privately owned U.S.-flag commercial vessels, subject to exception. (Current law requires that 50 percent of nonagricultural and 25 percent of certain agricultural commodities be transported on U.S.-flag commercial vessels.) States that, in authorizing a vessel which is not U.S.-registered to transport any cargo which is foreign assistance subject to the provisions being amended, the Secretary of Transportation must require that 50 percent of the cargo be transported on U.S.-registered vessels and the remainder on vessels registered in the country receiving the assistance. Title X: Increasing Defense Readiness of United States Merchant Marine - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation, before approving any assistance under such Act for the construction of a vessel intended for use in the coastwise trade, to submit the plans to the Secretary of Defense for review and approval. Directs the Secretary of Defense to either: (1) certify that the plans are suitable for construction of a vessel which is capable of economical and expeditious conversion to use during war or national defense emerency; or (2) request changes in the plans necessary to enable that conversion. Directs the Secretary of Transportation, subject to appropriations, to pay to a person constructing a vessel in the United States after enactment of this Act to be operated in the coastwise trade, before construction begins, the costs of: (1) constructing any national defense features; (2) maintaining the features for 15 years; (3) additional operating expenses because of the features during that period; and (4) lost revenue during that period because of reduced cargo space. Declares that it is the sense of the Congress that: (1) rates paid by the Department of Defense for the carriage of ocean-borne cargoes should fully compensate the vessel owner and could be based on established commercial rates; and (2) contracts for such carriage should be awarded, compatible with sound business practice (including cost minimization), so as to enhance the strategic sealift capabilities of the U.S.-flag commercial merchant fleet. Prohibits the Department of Defense, subject to exception and after enactment of this Act, from entering into any contract for carriage of cargoes on a vessel which was: (1) not U.S.-built; or (2) documented in the United States after enactment of this Act. Directs the Secretary of Transportation (Secretary) and the Secretary of Defense to establish a national maritime industries research and development program to carry out commercial water-borne and commercial intermodal transportation and strategic sealift-related research and development. Makes the Secretary responsible for administering the program and lists areas which must be included in the program. Directs the two Secretaries to jointly establish the Maritime Research and Development Advisory Board. Directs the Secretary, as a condition of a research and development project under these provisions, to require that private industry pay a portion of the cost of the project. Limits the Federal share to 66 percent and the non-Federal share to a specified dollar amount for each fiscal year. Authorizes appropriations for FY 1991 through 2001. Title XI: Maritime Labor Reform - Repeals provisions of Federal law relating to merchant mariners' documents. Authorizes the Secretary of Transportation, notwithstanding any law, to issue regulations to: (1) allow performance of both deck and engine duties on vessels by qualified personnel; (2) establish the numbers and qualifications of the crew and the watch on vessels; (3) create and keep current licensed and unlicensed personnel ratings; and (4) govern the requirements and standards for documentation of licensed and unlicensed personnel of vessel crews. Directs the Secretary to conduct a study and report to the Congress regarding methods for reducing allowable compensation for port and shipyard workers' injuries and disabilities under the Longshoremen's and Harbor Workers' Compensation Act to a level comparable to other industrial occupations. Title XII: Miscellaneous - Directs the Secretary of State, the Secretary of Transportation, the Secretary of Commerce, the Administrator of the Federal Maritime Commission, and the U.S. Trade Representative to jointly submit an annual report to the Congress regarding unfair foreign trade practices that affect the U.S.-flag merchant marine and maritime industries. Directs the Secretary of Defense to submit an annual report to the Congress regarding specified current and projected maritime defense matters. Directs the Secretary of Transportation to include certain information in an annual report to the Congress required by specified provisions of the Merchant Marine Act, 1936.
United States · United States Congress · 3 January 1991
Endangered Species Protection Act of 1991 - Increases to $1,000 the maximum fine for motor vehicle violations of speed limits in units of the National Forest System, the National Park System, and the National Wildlife Refuge System which are regularly inhabited by an endangered wildlife species. Amends Federal law to provide for the protection of all areas within the National Forest System.
United States · United States Congress · 3 January 1991
Employment Opportunity Act - Title I: Programs for the Handicapped - Establishes an employment program of grants to States to create job programs for mentally and physically handicapped individuals. Provides that employment under this title shall not diminish an individual's benefits under the Social Security Act. Directs the Secretary of Health and Human Services (the Secretary), within 90 days, to study and report, with recommendations, to the Congress on: (1) the numbers of mentally and physically impaired individuals in the United States who are employed and not employed; and (2) the extent to which such individuals who are not employed are potentially capable of performing some type of labor. Title II: Program for Disadvantaged Persons - Directs the Secretary, within one year, to study and report to the Congress on: (1) the number of unemployed individuals in the United States who are disadvantaged because of poverty, geographical residence, or other causes; and (2) the feasibility of securing employment for such individuals through federally-subsidized employment opportunities (assisted by private enterprise and State and local governments), relocation assistance, if desired, and Federal employment when no other employment opportunities can be developed.
United States · United States Congress · 3 January 1991
Amends the Federal Election Campaign Act of 1971 to prohibit any Member of Congress or congressional candidate from making contributions to any other Member or congressional candidate. Prohibits Members from soliciting and accepting contributions with respect to any election of congressional leadership officers.
United States · United States Congress · 3 January 1991
Amends the National Security Act of 1947 to abolish the National Security Council. Makes conforming amendments to the Military Selective Service Act and the Arms Control and Disarmament Act.
United States · United States Congress · 3 January 1991
Regional Presidential Primaries Act of 1991 - Prohibits any State from conducting a presidential primary election except in accordance with the provisions of this Act. Establishes six regional primaries to be held in each presidential election year. Sets the dates for such primaries. Sets requirements for voter eligibility in the primaries conducted under this Act. Authorizes the Attorney General to bring a civil suit in U.S. district court when there is reason to believe that a State is holding a primary in violation of this Act. Requires presidential candidates in a primary, in order to be eligible to receive payments from the Presidential Election Campaign Fund, to agree to enter at least one State primary in each of the six regions and to notify the Federal Election Commission of which primaries will be entered. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Voter Participation Act of 1991 - Amends the Federal Election Campaign Act of 1971 to allow an individual who is otherwise eligible to vote in a Federal election to register to vote in such election by submitting a registration form, in person or by mail, to appropriate State election officials at least 20 days before the election. Authorizes such an individual to register to vote in a Federal election at the appropriate polling place on the date of the election. Requires States to provide for maximum accessibility to registration offices and forms. Directs the Federal Election Commission to prescribe regulations to carry out this Act, taking into consideration the need for uniformity in voter registration procedures. Declares that this Act does not prevent any State from providing greater access to voter registration.
United States · United States Congress · 3 January 1991
Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to give priority consideration to the inclusion of the lower St. Johns River, Florida, in the National Estuary Program.
United States · United States Congress · 3 January 1991
Consultant Registration and Reform Act of 1991 - Requires a Federal agency, before awarding a contract for advisory and assistance services for more than $25,000, to provide the Inspector General or comparable official of such agency with justification of such contract. Sets forth information to be included in reports submitted to an agency to identify reports prepared by contractors. Requires the head of an agency that awarded a services contract to prepare a written evaluation of the contractor's performance within 90 days after contract completion. Grants the contractor the right to supply written comments which shall be made a part of the evaluation. Requires requests for procurement of advisory and assistance services to be included in presidential budget submissions. Requires the head of each agency to provide the Federal Procurement Data System timely, complete, and accurate information on: (1) contracts awarded primarily for the procurement of consulting services; and (2) procurements of consulting services under contracts awarded not primarily for the procurement of consulting services. Prohibits the award of a services contract to a consultant who does not meet registration requirements. Requires consultants to meet registration requirements by furnishing information set forth in this Act. Requires agencies to monitor compliance with registration requirements. Exempts from provisions of this Act contracts involving foreign intelligence or counterintelligence activities, sensitive law enforcement investigations, or national security classifications.
United States · United States Congress · 3 January 1991
Establishes the Commission on National Fiscal Priorities to report to the President and the Congress within six months of appointment on: (1) the functions that the national Government is required by the Constitution to perform, such as defense, highways, and international affairs; (2) those functions which have become so firmly established in national appropriations that they cannot be reasonably expected to end, such as welfare, harbors, and national parks; and (3) those other functions of government which the Constitution does not require the national government to provide, such as sewers, city streets, railroads, community development, and local mass transit. Requires the Commission to report within one year of its appointment on recommendations to abolish Federal programs in order to balance the budget consistent with constitutional requirements. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Makes it unlawful for any Federal entity to require as a condition of sale of a property that the prospective buyer also buy a property that the buyer asserts is contaminated with hazardous waste.
United States · United States Congress · 3 January 1991
Ovarian Cancer Research Act of 1991 - Directs the Secretary of Health and Human Services, through the Director of the National Institutes of Health and the Director of the National Cancer Institute, to conduct or support basic research on certain aspects of ovarian cancer. Prohibits the Secretary from conducting or supporting clinical research on the same matters. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Language of Government Act of 1991 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Prohibits anyone from being denied Government services because they communicate in English. Prohibits a Government entity from making or enforcing an official act requiring the use of a language other than English. Deems anyone discriminated against for communicating to the Government in English to have been discriminated against on the basis of national origin. Makes available to a person so discriminated against all lawful remedies available under the Civil Rights Act of 1964.
United States · United States Congress · 3 January 1991
Authorizes and directs the Administrator of Veterans Affairs (effective March 1989, Secretary of Veterans Affairs) to construct a veterans' hospital in Jacksonville, Florida. Authorizes appropriations.
United States · United States Congress · 3 January 1991
National Commemorative Advisory Act - Establishes the President's Advisory Commission on National Commemoratives to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 3 January 1991
Warrant Officer Management Act of 1991 - Title I: Amendments to Subtitle A of Title 10, United States Code - General Military Law - Part A: Permanent Grade of Chief Warrant Officer, W-5 - Authorizes appointment of chief warrant officers (CWO) at the grade of W-5. Prohibits an appointment if it would result in more than five percent of the warrant officers of that armed force on active duty being in a grade above CWO, W-4. Part B: Retirement of Warrant Officers for Length of Service - Sets forth requirements for retirement of regular Army warrant officers at grades W-5 (after 30 years' service) and W-4 (after 24 years' service). Part C: Promotion - Directs the Secretary concerned to convene selection boards as necessary (removing from existing law the at least once per year requirement) to recommend for promotion warrant officers from W-2 through W-4. Directs that W-1 officers be promoted in accordance with prescribed regulations. Alters the composition of selection boards to allow appointment of senior warrant officers as additional members. Authorizes the Secretary concerned to convene selection boards to recommend permanent warrant officers for continuation of active duty and for retirement. Allows inclusion of reserve officers on boards considering promotion of reserve warrant officers. Requires the Secretary concerned, before convening a selection board, to establish: (1) a single list of warrant officers on active duty for each armed force under his jurisdiction; (2) competitive categories for promotion of warrant officers on the warrant officer active-duty list; (3) a promotion zone for warrant officers on such list serving in each grade and competitive category to be considered by the board; and (4) the maximum number of warrant officers to be recommended for promotion from those serving in any grade or competitive category who are eligible for promotion. Establishes criteria for determining a warrant officer's position on the active-duty list and for recommending best-qualified warrant officers for promotion. Exempts certain reserve, retired, student, and Coast Guard warrant officers from coverage under this Act. Sets forth procedures for consideration of selective retirement of regular warrant officers, deeming such retirement to be involuntary for purposes of any other provision of law. Revises provisions relating to effective dates of promotions and the effect of a second failure of promotion. Title II: Amendments to Title 37, United States Code, Pay and Allowances for Chief Warrant Officer, W-5 - Authorizes pay and allowances for CWOs at the grade of W-5. Title III: Effective Dates - Sets forth the effective dates of this Act. Title IV: Transition Provisions - Regular Warrant Officers Serving in a Higher Temporary Grade Below Chief Warrant Officer, W-5 - Establishes interim provisions for the promotion of regular and reserve warrant officers serving in a higher temporary grade. Allows any Army warrant officer who on the effective date of this Act holds a regular grade of CWO or is on a list of officers recommended for promotion to such grade to be retained on active duty until completing 30 years of active service or 24 years of active warrant officer service, whichever is later, and then be retired. Continues the temporary appointments of Navy and Marine Corps warrant officers. Title V: Technical and Conforming Amendments - Makes technical and conforming amendments.
United States · United States Congress · 3 January 1991
Defense Consultant Registration and Reform Act of 1991 - Prohibits defense agencies from awarding a contract for advisory and assistance services to any consultant unless: (1) such consultant complies with the registration requirements of this Act; and (2) the contracting officer has reviewed the registration information and determined that such consultant does not have a conflict of interests that could be prejudicial to the United States. Prohibits defense agencies from awarding a contract to any person submitting a bid to such agencies unless such person certifies that each consultant that has assisted in the preparation of such bid has complied with the registration requirements of this Act. Requires each consultant who has submitted a bid or who has been retained in connection with the preparation of a bid for a Department of Defense (DOD) contract to register with the DOD Office of Standards of Conduct. Requires such consultants to update the registered information upon submitting a bid or being retained for the preparation of a bid for another DOD contract. Directs the DOD Inspector General to monitor the compliance of consultants with the registration requirements of this Act and to report annually to the Senate and House Armed Services Committees on the extent of such compliance. Subjects any consultant who intentionally fails to comply with such registration requirements to suspension and debarment proceedings. Provides that this Act shall not apply to contracts which, as determined by the Secretary of Defense, involve: (1) sensitive foreign intelligence or counterintelligence activities; (2) sensitive law enforcement investigations; or (3) special access programs.
United States · United States Congress · 3 January 1991
Revises conflict of interest provisions concerning Department of Defense procurement to prohibit former Department officers and employees and former or retired members of the armed forces who participated in decisionmaking responsibilities concerning defense contractors from accepting compensation from such contractors for a two-year period following separation from the Department. (Present law imposes such prohibitions only on those officials who performed procurement functions for a majority of working days or who participated in negotiations of contracts or claims in excess of $10,000,000.) Imposes criminal penalties for violations of such prohibition. (Present law provides only civil penalties.) Imposes criminal penalties upon any person who knowingly offers or provides such compensation to a former defense procurement official. (Present law imposes only civil penalties.) Authorizes the Secretary of Defense to exempt from such requirements certain persons appointed to sensitive civilian procurement executive positions. Specifies that such an exemption shall be made with the concurrence of the Director of the Office of Government Ethics. Requires the Secretary to report to the Congress concerning any such exemptions. Requires the Secretary to provide each defense procurement official separated from service a written notice containing: (1) an explanation of the provisions of this Act; and (2) the name of each contractor from whom such person is prohibited from accepting compensation. Specifies that the provisions of this Act shall not apply to contracts for less than $100,000 or to contractors who did less than $100,000 worth of business with the Department in the preceding fiscal year. Allows any person who is considering the propriety of accepting compensation from a defense contractor to apply to the Director of the Office of Government Ethics for advice on the applicability of this Act.
United States · United States Congress · 3 January 1991
Defense Contract Profit Policy Act of 1991 - Amends Federal defense procurement provisions to require each covered defense contractor (a contractor which is awarded defense contracts, or which receives payments from the United States, in a total amount of at least $100,000,000 in any 12-month period) to submit annually a profits information report to an independent firm designated by the Secretary of Defense to receive such reports and annually transmit aggregate data to the Secretary. Requires a covered defense contractor to have the information submitted to the independent firm verified for reliability and accuracy by the same independent certified public accountant who furnishes to the Securities and Exchange Commission an opinion on the contractor's fair presentation of its financial statement. Allows the Secretary to waive such reporting requirements if disclosure would be detrimental to the success of a classified project and injurious to national security. Provides for the confidentiality of all submitted information. Directs the Secretary to conduct and report to the Congress on an annual study of the financial situation and level of profitability of covered defense contractors under covered contracts.
United States · United States Congress · 3 January 1991
Prohibits a senior civilian official of the Department of Defense (DOD), a general officer, or a Navy flag officer from accepting compensation from a defense contractor for two years after such person's separation or release. Defines a senior civilian official of DOD as a civilian officer or employee serving in a position for which the rate of pay is greater than or equal to the rate of pay for a position in the Senior Executive Service. Makes applicable current Federal provisions that: (1) set forth civil penalties for the violation of such prohibition; and (2) allow a person who may fall under such prohibition to request the appropriate official for advice as to the applicability of such prohibition to his or her situation.
United States · United States Congress · 3 January 1991
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the requirement that the amount of monthly benefits payable to a spouse, surviving spouse, or parent be reduced by the amount such individual receives in monthly payments from a Federal or State pension plan.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to impose a 100 percent tax on income from frozen Iraqi assets. Authorizes the President to modify such tax if the armed forces of Iraq withdraw from Kuwait within the time and in the manner determined by the President.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to permit an individual taxpayer an income tax deduction for travel, meals, lodging, transportation, and uniform expenses paid or incurred in connection with the taxpayer's performance of services as a member of the armed forces reserves or the National Guard. Excludes the taxpayer's meal and entertainment expenses from deductibility limitations in this context.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to place additional limitations on the deductibility by a C corporation of interest on corporate stock acquisition indebtedness, denying a deduction for such interest in excess of $5,000,000 incurred in connection with any acquisition of stock pursuant to the acquiring corporation's plan to acquire 50 percent or more (by vote or value) of the stock in a corporation.
United States · United States Congress · 3 January 1991
Presidential Candidate Debate Act of 1991 - Amends the Internal Revenue Code to require as a condition for eligibility to receive payments from the Presidential Election Campaign Fund that the major party presidential candidates participate in three debates of at least 90 minutes each, consisting of questions prepared by a moderator and submitted by the candidates. Limits one debate to domestic issues and another to foreign and defense policy issues. Requires that the final debate be held not more than ten days prior to the election.
United States · United States Congress · 3 January 1991
What I Can Do for America Act - Amends the Internal Revenue Code to establish the Federal Program Enhancement Trust Fund. Allows taxpayers to use their income tax returns to designate cash contributions or portions of any refunds due them to be paid to such Fund for distribution to eligible Federal programs designated by the taxpayer. Allows a deduction from taxable income for contributions to such Fund by individuals who do not itemize.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to allow a deduction for personal interest for interest on loans used to buy fuel-efficient vehicles. Limits such amount to $2,000.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Prohibits aggregate fiscal year Federal expenditures from exceeding receipts, unless: (1) the United States is in a state of war declared by the Congress; or (2) both the Senate and the House of Representatives agree by a two-thirds vote to a concurrent resolution that a national economic emergency requires suspension of the prohibition.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Declares that the Congress has the power to impose, by appropriate legislation, limitations on the amount of expenditures relating to elections for Federal office. Declares that nothing in the Constitution shall be construed to prohibit the States from imposing limitations on the amount of expenditures relating to elections for State and local offices.
United States · United States Congress · 3 January 1991
Constitutional Amendment - Provides that the people of the several States and the District of Columbia shall elect the President and Vice President. Requires each voter to cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. Requires that if a presidential candidacy receives a plurality of at least 40 percent of the votes cast, such candidates shall become the President and the Vice President-elect. Requires the election to be held on a day which is uniform throughout the United States. Directs the Congress to assemble in special joint session if no presidential candidacy receives 40 percent of the vote. Requires the special session to choose immediately, from the two pairs of persons joined as candidates who received the highest number of votes cast in the election, one such pair by ballot. States that the law of each State shall govern within such State as to any matter with respect to which the Congress is granted legislative power under this Amendment as long as not inconsistent with any Act of Congress. Gives the Congress the power to provide for the manner in which the candidates appear on the ballot, the places and manner in which the election is held, and the manner in which its outcome is determined. Requires that voters possess the same qualifications as apply in such State in election of Senators, except that the Congress may prescribe uniform qualifications regarding age and residence. Allows the Congress to provide for the case of death or withdrawal of a candidate on or before the date of the election. Gives the Congress power to establish nominating procedures for presidential and vice presidential candidates.
United States · United States Congress · 3 January 1991
Amends the National Trails System Act to designate the Florida Frontiers Spanish Heritage Trail, extending from Fernandina to Saint Augustine, Florida.
United States · United States Congress · 3 January 1991
Expresses the sense of the Congress that no offensive military action should be initiated by U.S. military forces against Iraq without affirmative congressional approval as required by the Constitution.
United States · United States Congress · 3 January 1991
Supports the President's actions to defend Saudi Arabia and his diplomatic and economic initiatives to resolve the Persian Gulf crisis. Demands that Iraq immediately withdraw from Kuwait. Finds that the Constitution vests all power to declare war in the Congress. Declares that any offensive action against Iraq must be explicitly approved in advance by the Congress.
![Official portrait of Rep. Bennett, Charles E. [D-FL-3]](https://www.congress.gov/img/member/b000371_200.jpg)