United States · United States Congress · 2 August 1991
Foreign Capital and Securities Markets Study Act of 1991 -Directs the Secretary of the Treasury to study and report to the Congress on the capital and securities markets of Japan and their implications for and economic effects on the United States.
United States · United States Congress · 2 August 1991
Expresses the sense of the House of Representatives that: (1) the appropriate House committees should conduct hearings on the political and social turmoil in Yugoslavia; (2) all nations and appropriate international bodies should assist in peacefully resolving the region's political differences and bringing an end to ethnic violence; (3) the use of force by the military or any citizen of Yugoslavia to further a political or ethnic agenda is detrimental to democratic reform; and (4) the Secretary of State should conduct briefings for the Congress relating to political and social developments in Yugoslavia.
United States · United States Congress · 1 August 1991
Uniform Business Tax Act of 1991 - Amends the Internal Revenue Code to impose a uniform nine percent tax on the taxable value of property and services produced and sold in the United States by a taxable business. Provides that the taxable value shall be equal to the net business receipts of the business. Declares that the minimum tax shall not be less than the sum of employer payroll taxes. Allows as a credit against the uniform business tax for any taxable year of an amount equal to the minimum uniform business tax credit for such year. (Provides a formula for determining such minimum tax credit.) Defines net business receipts as the excess of business receipts over business expenses. Defines business receipts as the aggregate amount received in connection with a business from: (1) the sale or rental of property located in the United States; (2) the performance of services in the United States; or (3) the sale or use of intangibles (such as copyrights, patents, franchise rights, and know-how) in the United States. Excludes receipts from exports and certain other receipts. Defines business expenses as any amount paid by the taxpayer with respect to a business of the taxpayer for the purchase or use of property or for the purchase of services. Specifies expenses that are not included as business expenses. Sets forth special rules for determining business receipts and expenses with respect to: (1) sales of property; (2) services performed both inside and outside the United States; (3) exchanges treated as sales; (4) intermediation services in the case of insurance activities; and (5) sale or lease payments received in more than one taxable period. Provides special rules for possessions corporations in determining net business receipts. Provides that the uniform business tax will not be imposed on tax-exempt organizations. Defines a taxable business as: (1) any C corporation (any corporation other than a small business corporation); and (2) any other taxpayer with business receipts in excess of $50,000. Sets forth administrative provisions concerning the time for filing returns and consolidated returns of an affiliated group of corporations. Allows a tax credit against the net uniform business tax paid or incurred by an eligible taxpayer (any person liable for such tax). Imposes a tax on importers of nine percent of the customs value of all imported property for consumption, use, or warehousing, except for items entered into the United States duty-free. Repeals the: (1) corporate income tax; and (2) corporate minimum tax. Makes the employment tax on wages and the employer railroad retirement tax on compensation inapplicable to employers subject to the uniform business tax.
United States · United States Congress · 1 August 1991
Amends the Internal Revenue Code to increase the exclusion from gross income for combat pay of commissioned officers (from $500 to $2,000 monthly). Requires the transfer from the Defense Cooperation Account to the general fund of the Treasury such amounts as determined necessary to offset the revenue loss caused by this amendment during the period of the Persian Gulf conflict.
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 31 July 1991
Economic Growth Act of 1991 - Title I: Investment and Job Creation Incentives - Subtitle A: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for individuals for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business after April 15, 1991) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds. Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest. Subtitle C: Enterprise Zones - Part I: Designation - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Part II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Part III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Part IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Part V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987. Subtitle D: Research and Experimentation Credit Made Permanent - Makes permanent the tax credit for increasing research activities and the tax credit for clinical testing expenses. Title II: Savings Incentives - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Allows existing individual retirement accounts (IRA) to be rolled over into individual retirement plus accounts with payment of tax on the amount rolled over for which a deduction was once allowable, but no tax when withdrawn. Title III: Homeownership Incentives - Subtitle A: First-Time Homebuyers - Allows a tax credit for the first-time purchase of a principal residence by individuals with incomes of $31,000 or less (phased-out to incomes of up to $41,000). Limits such credit to $1,000. Subtitle B: Penalty-Free IRA Plus Withdrawal for Home Purchase, Higher Education, and Health Costs - Allows penalty-free distributions from IRA Plus accounts of up to 25 percent of the account limit for: (1) first-time homebuyers; (2) medical expenses; and (3) higher education expenses. Title IV: Work Incentives - Subtitle A: Reduction in Social Security Penalty on Working Elderly - Amends title II of the Social Security Act (Federal Old-Age, Survivors, and Disability Insurance Benefits) to raise the earnings limit for retirees. Appropriates to each payor fund amounts equivalent to the aggregate increase in social security benefits payable from such fund which is attributable to such amendment. Directs the Secretary of Health and Human Services to study during 1997 whether further amendments relating to deductions on account of work and the exempt amount under the earnings limit are necessary or appropriate. Subtitle B: Economic Growth Dividend - Requires any economic growth dividend (as determined by the Secretary of the Treasury) to be used to increase the personal exemption amount. Requires, after 1995, all revenues resulting from real growth in the gross national product greater than three percent to fund an increased personal exemption. Requires, for fiscal years beginning on or after October 1, 1992, and before October 1, 1995, that 50 percent of such dividend be used to increase the personal exemption amount and the other 50 percent be used to make a downward adjustment in the maximum deficit amount.
United States · United States Congress · 25 July 1991
Fairness in Product Liability Act of 1991 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller on any theory for harm caused by a product, superseding State law in specified ways and degrees. Makes a product seller liable only if the seller: (1) failed to exercise reasonable care regarding the product, and the failure was the proximate cause of the harm; (2) made an express warranty, independent of any express warranty by the manufacturer, the product failed to conform to the warranty and the failure caused the harm; or (3) engaged in international wrongdoing which was a proximate cause of the harm. Makes a product seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under State laws; or (2) a court determines the claimant would be unable to enforce a judgment against the manufacturer. Allows, in certain circumstances, a complete defense of alcohol or controlled substance use. Reduces damages by the percentage of harm attributable to misuse or alteration of a product by any person, subject to exception involving misuse or alteration by the claimant's employer or coemployees. Allows punitive damages against a manufacturer or seller for conscious, flagrant indifference to user safety. Prohibits, in certain circumstances, punitive damages regarding a drug or device, as defined in the Federal Food, Drug, and Cosmetic Act, unless packaging of a drug is substantially out of compliance with tamper-resistant packaging regulations. Declares manufacturer or seller liability to be several and not joint for noneconomic damages. Requires a product liability action to be brought within two years after the harm and its cause is, or with reasonable diligence should have been, discovered. Sets the time limit at 25 years for products which are capital goods. Requires offset of workers' compensation benefits. Sets forth rules regarding subrogation, contribution, indemnity, and liens. Provides for tort actions against employers. Prohibits U.S. district courts from having jurisdiction under specified provisions of Federal law over any civil action arising under this Act.
United States · United States Congress · 23 July 1991
Older Americans Act Amendments of 1991 - Title I: Amendments to the Older Americans Act of 1965 - Amends the Older Americans Act (the Act) of 1965 to state that the Administration on Aging (Administration) shall be under the direct authority and supervision of the Secretary of Health and Human Services and that the Commissioner on Aging shall report directly to the Secretary on all matters relating to the Act, including policy, budget, and administration of programs. Expands the functions of the Associate Commissioner on American Indian, Alaska Native, and Native Hawaiian Aging to include serving as the advocate in the States for older Indians, Native Hawaiians, and Alaska Natives. Modifies the duties and functions of the Administration to include: (1) establishing the National Ombudsman Resource Center to provide training and information to State Long-Term Ombudsmen and the National Center on Elder Abuse to assist State Long-Term Ombudsmen in the prevention of elder abuse; (2) providing for the establishment of the National Commission on Board and Care Facility Quality to assist State and local entities in the implementation of State and local board and care facility quality standards; (3) issuing regulations with regard to conflicts of interest; and (4) designing and implementing uniform data collection procedures for use by State agencies in providing to the Administration information on programs and activities funded under the Act. Requires coordination between the Commissioner and Federal agencies proposing or administering related programs or services. Revises provisions relating to the Federal Council on the Aging to, among other changes: (1) require the Council to serve as a direct advisor to the Commissioner on matters affecting the special needs of older individuals for services and assistance under the Act; and (2) reauthorize and extend the Council through FY 1995. Authorizes the Commissioner to designate a Federal office in the Administration, directed by an officer or employee with nutritional science and planning expertise, to coordinate and assist the: (1) delivery of nutrition services under the Act; (2) implementation of Federal dietary, nutritional, and health services standards for nutritional planning; and (3) establishment of guidelines for monitoring compliance of such nutritional services with the Act's requirements. Authorizes the Commissioner to establish a policy, and be responsible for advocating, guiding, coordinating, and assisting under the Act Federal and State efforts to create opportunities for older individuals to participate in multigenerational activities. Requires the evaluation of programs for their effectiveness in targeting for services low-income minority older individuals. Requires a Commissioner evaluation of nutrition services provided during FY 1992 through 1993. Requires the Secretary to: (1) submit to the President, the Speaker of the House, and the President pro tempore of the Senate recommendations to improve nutrition service programs provided under the Act; and (2) require the Commissioner to implement such recommendations. Changes funding provisions under provisions regarding the evaluation of such programs. Establishes in the Administration the Office of Federal Long-Term Care Ombudsman to be headed by the Federal Long-Term Care Ombudsman who shall: (1) advocate, monitor, and coordinate Federal and State activities of long-term care ombudsmen under the Act; (2) administer the National Ombudsman Resource Center; (3) report annually to the Congress on the effectiveness of services under State long-term care ombudsman programs; and (4) have authority to investigate the violation of any Federal law administered by the Department of Health and Human Services (HHS) that may adversely affect older individuals. Authorizes appropriations for salaries and expenses of the Administration through FY 1995. Reauthorizes and extends title III (Grants for State and Community Programs on Aging) programs through FY 1995. Increases the minimum State allotment for outreach services for the Supplemental Security Income and Medicaid programs (titles XVI and XIX, respectively, of the Social Security Act) and the Food Stamp program. Changes the requirements with respect to a State agency's development of a formula for the distribution of title III grant funds to require the formula to take into account the State's low-income minority elderly. Requires the Commissioner to consider the effectiveness of State and local efforts to target older individuals with the greatest economic need (including low-income minority individuals) and older individuals with the greatest social need (including minority individuals) to receive services under the Act in preparing his report on evaluations to be included in the annual report to the Congress on Administration activities. Makes miscellaneous and technical amendments to area and State plan provisions, including conforming changes to reflect the above-mentioned conflict of interest prohibitions to maintain integrity in all contractual and commercial relationships under the Act. Sets new limits on the amount of funds a State may elect to transfer between the programs under part B (Supportive Services) and part C (Nutrition Services) under title III of the Act for FY 1992 through 1994. Caps at 30 percent the maximum amount of funds a State may elect to transfer between subpart I (Congregate Nutrition Services) and subpart II (Home Delivered Nutrition Services) of part C. Ties the funding for disaster relief reimbursements to the total appropriation for title IV of the Act. Authorizes appropriations for FY 1992 through 1995 for food donated to nutrition serices programs for older individuals. Prohibits the cents per meal level under the program for donating surplus commodities to older individuals from being reduced below 65.66 cents per meal during FY 1992 through 1995. Provides for an annual adjustment for inflation in the elderly meals reimbursement rate for surplus commodities. Requires the supportive services designed to encourage and assist older individuals to use the facilities and services available to them to include language translation services to assist older individuals with limited-English speaking ability to obtain services under the title III State grant program. Includes as supportive services under such program: (1) counseling relating to pension rights and benefits; and (2) information concerning prevention, diagnosis, and treatment of age-related diseases. Changes the name of the program under part F of title III of the Act from the Preventive Health Services program to the Disease Prevention and Health Promotion Services program and outlines specific program services, including informational services relating to Alzheimers disease, to be provided at senior centers and other appropriate sites and programs that provide nutrition services under part C. Adds a new part H under title III of the Act entitled "Supportive Activities for Caregivers Who Provide In-Home Services to Frail Older Individuals." Outlines the supportive activities which may be included under such part, including the provision of information to frail older individuals and their families regarding how to obtain in-home and respite services. Amends title IV (Training, Research, and Discretionary Projects and Programs) of the Act to revise the authorities for education and training, and for R & D, demonstration projects, and other activities. Authorizes grants to minority educational institutions to provide education and training to prepare students for careers in the field of aging. Authorizes demonstration projects for: (1) information and counseling related to pension benefits; (2) foreclosure and eviction assistance and relief services; (3) multigenerational activities; and (4) enhancing private resources in order to provide additional services under the title III State grant program. Authorizes appropriations for FY 1992 through 1995 to carry out title IV of the Act. Requires the Commissioner to submit annually to the Speaker of the House and the President pro tem of the Senate a report that describes each completed project funded under title IV. Requires the Commissioner to: (1) establish by regulation and implement a process to evaluate the results of projects and programs carried out under title IV; and (2) make available to the public each such evaluation and to use it to improve services delivered, or the operation of programs and projects carried out, under the Act. Amends the Older American Community Service Employment Act to make the Older American Community Service Employment Program (the program) applicable to unemployed low-income persons who have poor employment prospects and are fifty-five years of age or older. Revises provisions outlining the authority of the Secretary of Labor with respect to the execution of agreements for furthering the goals and purposes of the program and payment of projects costs to: (1) condition payment of project costs upon the Secretary's determination that the project will prepare an assessment of the participant's skills and talents, need for supportive services, and physical capabilities, except under prescribed conditions; and (2) require (currently, authorize) the Secretary to increase the amount available for paying project administration costs whenever the Secretary determines that it is necessary to carry out the project. Requires the coordination of second career training and job placement experimental projects with training programs for older individuals under the Job Training Partnership Act. Requires the Secretary to coordinate the administration of the program with the Commissioner's administration of the title III, IV, and X programs under the Older Americans Act of 1965 to facilitate access to services under such titles by individuals eligible for employment opportunities under the program. Requires the Secretary to promote and coordinate carrying out projects under the program jointly with programs, projects, or activities under other Acts that provide training and employment opportunities to eligible individuals. Requires additional considerations, including the relative distribution of eligible minority individuals, in making an equitable distribution of assistance for community service employment programs for older Americans among areas within each State. Authorizes appropriations for FY 1992 through 1995 for community service employment for older Americans. Permits certain legalized aliens to receive assistance under the Older Americans Community Service Act of 1965 without such assistance being considered prohibited public assistance under the Immigration and Nationality Act. Provides for dual eligibility with respect to community service employment projects carried out jointly with programs under the Job Training Partnership Act. Amends the Older Americans Act of 1965 to place restrictions on grants to eligible tribal organizations to pay all of the costs for delivery of supportive and nutrition services for older Indians. Requires applications for such grants to contain assurances that the tribal organization will coordinate such services with services provided under the title III State grant program in the same geographic area. Requires similar assurances with respect to applications by organizations for grants under the Native Hawaiian program. Authorizes increased appropriations to carry out the Indian and Native Hawaiian programs under title X (Grants for Native Americans) through FY 1995 of which: (1) 90 percent shall be available to carry out the Indian program; and (2) ten percent shall be available to carry out the Native Hawaiian program. Title II: 1993 National Conference on Aging - Amends the Older Americans Act Amendments of 1987 to direct the President to convene a 1993 National Conference on Aging. Revises Conference administrative provisions, including those regarding conference and related administrative committees. Replaces references in Conference reporting provisions to the Secretary of HHS with references to the new Governing Committee created under the above mentioned administrative provisions to direct the Conference to, among other changes, make the Committee responsible for formulating and approving the Conference's final report. Authorizes appropriations for FY 1992 and 1993 to carry out the Conference. Title III: Amendments to the Native American Programs Act of 1974 - Native American Programs Act Amendments of 1991 - Amends the Native American Programs Act (the Act) of 1974 to establish in HHS' Office of the Administration for Children and Families an Administration for Native Americans as the agency responsible for carrying out Native American programs under the Act. Directs the Secretary to establish an intra-agency task force to review and comment on all policies and practices of agencies in HHS relating to programs affecting Indians, Alaskan Natives, and Native Hawaiians. Extends a demonstration project involving the establishment of a revolving loan fund to promote the economic development of Native Hawaiians. Authorizes appropraitions for FY 1992 for carrying out such project. Repeals provisions regarding the deposit of unneeded monies as miscellaneous receipts in the Treasury. Revises congressional reporting requirements applicable to such project to require annual reports on administration of the project along with specified information concerning loans from the fund. Mandates (currently, authorizes) the provision of technical assistance and training for Native American projects receiving financial assistance under the Act. Requires such projects to be evaluated not less frequently than at three-year intervals. Authorizes appropriations for FY 1992 through 1995 to carry out the provisions of the Act (other than provisions concerning grants to improve tribal regulation of environmental quality). Title IV: General Provisions - States that any authority to enter into contracts under any amendment made by this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts. Sets forth the effective dates of this Act and its amendments.
United States · United States Congress · 23 July 1991
Expresses the sense of the House of Representatives that the people of the United States should recognize: (1) the tenth anniversary of "An Artistic Discovery" (the Congressional High School Art Competition); and (2) its success in encouraging the creative endeavors of our Nation's young artists and forging strong working relationships among the Congress, businesses, and the arts community towards the ultimate goal of providing opportunities for high school students to express their artistic talents.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 18 July 1991
Police Officers' Bill of Rights Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or denied the right to refrain from engaging in such activity. Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript be made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning. Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits. Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board. Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act. Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rule, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act. Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act. Specifies that the sovereign immunity of a State shall not apply in the case of a violation of such rights. Specifies that this Act does not preempt State law or collective bargining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act.
United States · United States Congress · 18 July 1991
Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to provide grants to States to fund eligible State domestic violence coalitions. Makes eligible for such grants nonprofit statewide coalitions whose: (1) membership includes a majority of programs for victims of domestic violence in the State, and is representative of such programs; and (2) purpose is to provide services, community education, and technical assistance to such programs to establish and maintain shelter and related services for domestic violence victims and their children. Includes among authorized uses of grant funds: (1) working with judicial and law enforcement agencies to encourage appropriate responses to domestic violence cases and examine issues relevant to such cases; (2) working with family law judges, child protective services agencies, and children's advocates to develop appropriate responses to child custody and visitation issues in domestic violence cases, as well as cases of both domestic violence and child abuse; and (3) conducting public education campaigns regarding domestic violence. Authorizes appropriations. Sets forth reporting requirements.
United States · United States Congress · 27 June 1991
Directs the Administrator of the General Services Administration to provide for the installation of bicycle racks or lockers at each Federal office building.
United States · United States Congress · 26 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a law devoted solely to that subject. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Makes this article effective beginning with FY 1995 or with the second fiscal year after its ratification, whichever is later.
United States · United States Congress · 18 June 1991
United States Marshals Association Establishment Act - Establishes the United States Marshals Association as a charitable, nonprofit corporation to strengthen public knowledge of law enforcement and of the U.S. Marshals Service, to promote the exchange of information among private and public institutions and individuals about, and research of, law enforcement and justice systems issues, and to promote the general welfare of law enforcement. Authorizes the Director of the U.S. Marshals Service to provide personnel, facilities, and other administrative services to the Association and to accept voluntary services of the Association. Specifies that no part of the income or assets of the Association shall inure to any member or officer of the Association or Director of the Board or be distributed to any such person, with exceptions for reasonable compensation or reimbursement for actual necessary expenses. Bars the Association from making loans to any Director or officer or employee of the Association, or from issuing stock or declaring or paying dividends. Specifies that the Association and any agent of the Association shall be considered an employer for purposes of title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 if the Association is engaged in an industry affecting commerce and meets the minimum employee requirements set forth in such Acts. Makes it unlawful for the Association, on the basis of race, color, religion, sex, national origin, age, or disability, to: (1) fail or refuse to accept an individual into membership; (2) expel such individual from membership; (3) suspend such individual's membership; or (4) discriminate against such individual with respect to any of the benefits or obligations of membership. Authorizes: (1) a right of action to enforce such prohibition; and (2) the court to grant injunctive or other equitable relief. Authorizes the Association to acquire the assets of the United States Marshals Association, a nonprofit organization organized under the laws of the State of Virginia, before the enactment of this Act.
United States · United States Congress · 18 June 1991
James Madison-Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury (the Secretary) to mint and issue five-dollar gold coins emblematic of the Bill of Rights, and one-dollar silver coins emblematic of James Madison. Sets forth guidelines for their sale and issuance, and for financial assurances. Mandates that the surcharges received by the Secretary shall be transmitted to the James Madison Memorial Fellowship Trust Fund. Authorizes audits by the Comptroller General. Provides a general waiver of procurement regulations when implementing this Act.
United States · United States Congress · 18 June 1991
Authorizes the President, on behalf of the Congress, to present to the Secretary of Defense, Richard B. Cheney, a gold medal in recognition of his exemplary performance as a leader in coordinating the planning, strategy, and execution of combat action by U.S. armed forces which led to the liberation of Kuwait. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 18 June 1991
Expresses the sense of the Congress that the President should not withhold remedial action funds under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 until the Administrator of the Environmental Protection Agency certifies the veracity and accuracy of data in each State's capacity assurance plan.
United States · United States Congress · 12 June 1991
Calls for the continuation of the investigation into the Medicare program (title XVIII of the Social Security Act) and the high cost under the program of durable medical equipment provided by certain suppliers.
United States · United States Congress · 11 June 1991
Establishes the Joint Committee on Intelligence. Declares that such committee has exclusive legislative jurisdiction with respect to any intelligence activity of the Federal Government and authorizations for appropriations for specified agencies and intelligence-related activities. Directs the joint committee to classify its information and records and to establish guidelines for their maintenance, use, and availability. Sets forth procedures for the disclosure of such information. Directs the joint committee to establish and carry out rules and procedures necessary to prevent the unauthorized disclosure of information. Makes conforming amendments to the National Security Act of 1947 and the Rules of the House of Representatives, including abolishing the Permanent Select Committee on Intelligence.
United States · United States Congress · 5 June 1991
National Child Abuser Registration Act of 1991 - Authorizes a State child abuse information repository (State repository) to report child abuser information to the National Crime Information Center. Directs the Attorney General to establish guidelines for the reporting of such information. Specifies that such guidelines shall require that: (1) a reporting State ensure that reports of all convictions under the criminal child abuse law of the State are maintained by a State repository; and (2) a State repository maintain close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in cases of child abuse. Requires the Attorney General to publish an annual statistical summary of the child abuser information reported under this Act. Makes compliance with this Act a condition to the receipt by a State of any grant, cooperative agreement, or other assistance under the Victims of Crime Act and the Child Abuse Prevention and Treatment Act.
United States · United States Congress · 5 June 1991
Expresses the sense of the House of Representatives that: (1) U.S. businesses engaged in the rebuilding of Kuwait should, to the maximum extent possible, use U.S. subcontractors and U.S. goods and services; and (2) the Department of Commerce should monitor and encourage the implementation of this policy.
United States · United States Congress · 4 June 1991
Ethics and Treatment of Home Medical Equipment Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish certification standards for suppliers of durable medical equipment, ostomy bags, and supplies related to ostomy care under part B (Supplementary Medical Insurance) to assure patient safety and the availability of high-quality covered items. Requires such suppliers to meet such standards in order to be eligible for reimbursement from Medicare. Deems such suppliers accredited by the Joint Commission on the Accreditation of Healthcare Organizations or other appropriate accrediting entities to have met those standards. Prohibits carrier forum shopping. Modifies the prohibition against suppliers filling out certificates of medical necessity to make such prohibition applicable to items on the Secretary's list of potentially overused items. Prohibits physician referrals to durable medical equipment companies in which the referring physician has a financial relationship. Waives mandatory submission of claims provisions for nonparticipating suppliers of inexpensive items of durable medical equipment. Sets limits on the Medicare reimbursement cuts mandated under the Omnibus Budget Reconciliation Act of 1990 for covered items. Restores Medicare's monthly payment for rental cap items to ten percent per month for up to 12 months. Provides an up-front purchase option for rental cap items in instances where the item is needed for longer than 12 months at least 75 percent of the time or where the patient is in a severe condition recognized by the Secretary.
United States · United States Congress · 3 June 1991
Expresses the sense of the Congress that: (1) the American public should observe the 100th anniversary of filmmaking; and (2) the American Film Institute has a leadership role in preserving the art of film.
United States · United States Congress · 23 May 1991
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five dollar gold coins emblematic of Benjamin Franklin's contributions to the advancement of science; (2) one dollar silver coins emblematic of Benjamin Franklin's contributions to the American Fire Service. Sets forth sale and issuance guidelines, including a general waiver of procurement regulations and surcharge distributions. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to set forth a fire service bill of rights, including the right of responding fire services to: (1) know the kind of danger presented by hazardous materials they face in emergency responses; and (2) be fully informed of infectious diseases their members face during the course of life safety activities. Declares that the bill of rights does not create any private right of action.
United States · United States Congress · 20 May 1991
Farm Animal and Research Facilities Protection Act of 1991 - Amends title XIV of the Food Security Act of 1985 to add a new subtitle prohibiting (and establishing criminal penalties for) specified acts of destruction, theft, or damage to farm animal, research, and educational facilities. Directs the Secretary of Agriculture and the Attorney General to jointly conduct a study of the extent and effect of terrorism on animal research, production, and processing facilities. Grants jurisdiction for cases arising under these provisions to U.S. district courts. Establishes a private right of action.
United States · United States Congress · 15 May 1991
Campus Sexual Assault Victims' Bill of Rights Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to require each eligible institution participating in any program under HEA title IV (Student Assistance) to include a statement of policy regarding the rights of victims of sexual assault, that complies with specified requirements, in its disclosure of campus security policy and campus crime statistics. Requires each institution of higher education to establish and implement a written policy establishing a campus sexual assault victims' bill of rights which provides that specified rights shall be accorded to such victims by all campus officers, administrators, and employees of such institution.
United States · United States Congress · 15 May 1991
Economic Resurgence and Jobs for America Act - Title I: Investment Tax Credit - Amends the Internal Revenue Code to reinstate a five-percent investment tax credit for property placed in service after December 31, 1991. Repeals provisions of the Revenue Reconciliation Act of 1990 concerning the elimination of expired or obsolete investment tax credit provisions. Title II: Capital Gains Tax Reduction - Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for indexing the limitation on capital losses of noncorporate taxpayers.
United States · United States Congress · 14 May 1991
Income-Dependent Education Assistance Act of 1991 - Establishes the income-dependent education assistance (IDEA) program of supplemental direct higher education student loans in which a borrower's annual repayment obligation is dependent upon both postschool income level and borrowing history. Title I: System for Making Income-Dependent Education Assistance Loans - Directs the Secretary of the Treasury to: (1) make IDEA loans to eligible students in accordance with this title; and (2) establish an account for each IDEA loan borrower and collect repayments on such loans using the income tax collection system under specified Internal Revenue Code provisions added by title II of this Act. Sets forth provisions for the terms and enforcement of IDEA program agreements between the Secretary of Education and eligible institutions. Sets forth provisions for the amounts and terms of IDEA loans. Sets annual limits on the amounts of such loans to various categories of students. Sets a limitation on individual borrowing capacity, with adjustments for inflation and with consideration of any outstanding student loan obligations. Limits the duration of individual eligibility for such loans. Sets forth requirements for: (1) agreements to the terms of such loans; and (2) disbursement of the proceeds of such loans. Sets forth the responsibilities of eligible institutions and of the Secretary of the Treasury for certain information requirements relating to the IDEA loan program. Sets forth provisions for interest charges on such loans. Requires such charges to be added to the recipient's obligation account at the end of each calendar year. Bases such charges on an interest rate equal to the lesser of: (1) ten percent; or (2) the sum of the average bond equivalent rates of 91-day Treasury bills auctioned for the previous year, plus two percentage points, rounded to the next higher one-eighth of one percent. Provides for conversion and consolidation of certain other types of student loans as IDEA loans. Authorizes the Secretary of the Treasury, upon request of borrowers who have received federally insured or guaranteed loans under specified provisions of the Higher Education Act of 1965 (HEA) (Stafford loans) or of the Public Health Service Act (PHSA) (HEAL loans), to make new IDEA loans to such borrowers which are equal to the sum of the unpaid principal of those other loans and which discharge the liability on those other loans. Provides for mandatory conversion of certain defaulted student loans to IDEA loans. Requires IDEA collection treatment of any loan made, insured, or guaranteed under specified provisions of HEA or PHSA after enactment of this Act which is assigned after default for collection by the Secretary of Education or the Secretary of Health and Human Services. Directs such Secretaries to notify: (1) the Secretary of the Treasury of the need to establish or adjust an IDEA account for such loan's borrower; and (2) the borrower of the conversion of the defaulted loan to an IDEA loan and the procedures for collection under the income tax system. Terminates the authority to make additional loans under the HEA programs of supplemental loans for students (SLS) and direct loans to students in institutions of higher education, for any academic year beginning after the date regulations are prescribed by the Secretaries of Education and the Treasury to carry out this title. Authorizes appropriations to: (1) make distributions of IDEA loan funds to eligible institutions; and (2) administer and carry out this title. Bases student eligibility for IDEA loans on their eligibility for student assistance under specified HEA provisions and their carrying at least one-half the normal full-time academic workload. Title II: Collection of Income-Dependent Education Assistance Loans - Amends the Internal Code to add provisions for the collection of IDEA loans. Directs the Secretary of the Treasury to notify each IDEA loan borrower of their yearly repayment obligation. Sets forth formulas for computation of the annual IDEA loan repayment amount. Makes such amount equal to the lesser of: (1) 20 percent of the excess of the modified adjusted income of the taxpayer for such taxable year over the standard deduction and exemption (twice for joint returns); or (2) the product of a base amortization amount and a progressivity factor based on the taxpayer's modified adjusted gross income. Defines "base amortization amount" as the amount which, if paid at the close of each year for 12 consecutive years, would fully repay (with an eight-percent annual interest rate) the maximum account balance of the borrower. Sets forth progressivity factor tables for various types of taxpayers. Provides that, in general, the repayment obligation of an IDEA loan borrower shall terminate only if there is repaid: (1) in the case of any repayment during the first 12 years for which the borrower is in repayment status, the principal plus interest at an annual rate equal to the otherwise applicable rate plus two and one-half percent; and (2) in the case of any repayment during any subsequent year (or in the case of loans under $3,000 repaid during the first 12 years), the principal plus interest at applicable rates. Requires no repayment after 25 years in repayment status. Sets forth provisions for the determination of years in repayment status. Sets forth the requirements for payment of the amount owing. Directs the Secretary of the Treasury to assess and collect any unpaid amount in the same manner as for any delay in the payment of income tax. Provides for discharge, by the Secretary of Education, of the IDEA loan liability of any borrower who dies or becomes permanently and totally disabled. Provides for crediting of amounts paid on a joint return. Sets forth formulas for computation of an alternative annual payment for individuals who have attained age 55. Provides for inflation adjustment in the computation of the progressivity factor. Provides that, in general, an IDEA loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary of the Treasury to postpone certain portions of the loan liability in such cases. Makes specified provisions relating to finality of assessment and collection applicable to such loans. Includes the amount required to be repaid for IDEA loan uner amounts listed under requirements relating to failure by an individual to pay estimated income tax. Requires individuals who are obligated to make IDEA loan repayments to file income tax returns for the applicable years.
United States · United States Congress · 8 May 1991
Amends Federal patent law to extend the patent term for certain drugs composed of non-steroidal anti-inflammatory agents if during the regulatory review process the patentee: (1) filed a new drug application in 1982; (2) awaited approval by the Food and Drug Administration for at least 78 months, and (3) such new drug application was approved in 1988. Prescribes a formula for patent term extension, and sets forth administrative notification procedures.
United States · United States Congress · 2 May 1991
Amends the Federal criminal code to provide that an element of an offense that the defendant knew that property was stolen or counterfeit may be established by proof that the defendant, as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeit.
United States · United States Congress · 1 May 1991
Expedited Consideration of Proposed Rescissions Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.