United States · United States Congress · 10 September 1991
Government Securities Offering Enforcement Act of 1991 - Amends the Securities Exchange Act of 1934 to prohibit a government securities dealer, broker, bidder, or purchaser from knowingly or willingly making false or misleading written statements with respect to any bid or purchase of such securities (including the omission of necessary facts which results in such a statement).
United States · United States Congress · 2 August 1991
National Flood Insurance, Mitigation, and Erosion Management Act of 1991 - Title I: Definitions - Defines specified terms under the Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968. Title II: Compliance and Increased Participation - Amends the Flood Disaster Protection Act of 1973 to prohibit the waiver of current mandatory flood purchase insurance requirements with respect to financial assistance for property in a flood hazard area. Expands flood insurance purchase requirements. Requires lenders to review outstanding loans to determine whether they are in compliance with mandatory flood insurance purchase requirements. Authorizes lenders to charge borrowers a fee for such service. Exempts lenders from such requirement who have a specified accuracy for flood hazard determinations for outstanding loans, or who have conducted satisfactory loan reviews, or have regularly provided for escrow of flood insurance premiums. Requires residential real estate lenders to establish flood insurance premium escrow accounts. Imposes a fine for lenders failing to require flood insurance or to give proper notice under the National Flood Insurance Act of 1968. Requires the seller-transferor of a residential-secured loan in a flood hazard area to so notify the purchaser-transferee unless a flood hazard determination has been made within the previous five years. Revises flood insurance notice requirements. Amends the National Flood Insurance Act of 1968 to require the development of a standard hazard determination form. Amends the Federal Financial Institutions Examinations Council Act of 1978 to direct the Financial Examinations Council to coordinate with Federal entities for lending regulation to develop uniform lender standards. Title III: Ratings and Incentives for Community Floodplain Management Programs - Amends the National Flood Insurance Act of 1968 to provide for a community rating system and incentives for community floodplain management. Provides program funding. Title IV: Mitigation of Flood and Erosion Risks - Amends the Housing and Urban Development Act of 1968 to establish an Office of Mitigation Assistance to carry out flood and coastal erosion mitigation activities under the Federal Insurance Administrator. Amends the National Flood Insurance Act of 1968 to make mitigation assistance grants available to eligible States, communities, and individuals. Includes among eligible grant activities property elevation, relocation, flood-proofing, and acquisition. Prohibits assistance for activities within a designated erosion-prone area in a community that has not adopted specified land management measures. Authorizes mitigation activity technical assistance. Establishes in the Treasury the National Flood Mitigation Fund to be available for such mitigation assistance grants. Provides for an insurance premium mitigation surcharge to be paid into such Fund. Authorizes a mitigation transition pilot program to be carried out through the Office of Mitigation Assistance. Repeals (with a transition period) the current program for the purchase of certain insured properties. Establishes a program to reduce coastal erosion hazards. Makes: (1) assistance available only to specified structures; and (2) structure relocation or demolition eligible as erosion mitigation activities. Limits flood insurance payments and prohibits future insurance coverage for failure to relocate or demolish a structure. Authorizes specified annual amounts from the National Flood Insurance Fund for erosion mitigation assistance. Repeals (with transition periods) current provisions for claims for imminent collapse and subsidence through flood insurance claims. Sets forth erosion setback limitations on flood insurance availability and rates. Requires the Director of the Federal Emergency Management Agency to conduct a riverine erosion study. Title V: Flood Insurance Task Force - Establishes a two-year interagency Flood Insurance Task Force which shall: (1) develop standardized flood insurance enforcement procedures and guidelines; and (2) conduct a study of the extent to which the secondary mortgage market can assist enforcement. Title VI: Miscellaneous Provisions - Amends the National Flood Insurance Act of 1968 to: (1) increase flood insurance coverage amounts for nonresidential, single family, and multifamily structures; (2) permit flood insurance private sector participation; and (3) require at least every five years an assessment (and revision if necessary) of flood insurance maps.
United States · United States Congress · 2 August 1991
Money Laundering Improvements Act of 1991 - Title I: Forfeiture Proceedings in Money Laundering Cases - Amends the Federal judicial code to provide that a forfeiture action or proceeding (action) may be brought in the district in which any of the acts giving rise to the forfeiture occurred or in any other district where venue for the forfeiture action is specifically provided by statute. (Current law requires the Government to file separate forfeiture actions in each district in which the subject property is found.) Provides that whenever property subject to forfeiture under U.S. law is located in a foreign country, or has been detained or seized pursuant to legal process or competent authority of a foreign government, a forfeiture action may be brought in the U.S. District Court for the District of Columbia. Specifies that, in any case in which a final order disposing of property in a civil forfeiture action is appealed, removal of the property by the prevailing party shall not deprive the court of jurisdiction. Directs the district court or court of appeals, upon motion of the appealing party, to issue any order necessary to preserve the right of the appealing party to the full value of the property at issue. Amends the Federal criminal code to provide that, in any forfeiture action in rem in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution, or other fungible property, it shall not be necessary for the Government to identify the specific property involved in the offense that is the basis for the forfeiture, nor shall it be a defense that the property involved in such an offense has been removed and replaced by identical property. Subjects any identical property found in the same place or account as the property involved in the offense that is the basis for the forfeiture to forfeiture, with exceptions. Specifies that no action pursuant to this Act to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be: (1) commenced more than one year from the date of the offense; and (2) taken against funds deposited by a financial institution into an account with another financial institution unless the depositing institution knowingly engaged in the offense that is the basis for the forfeiture. Authorizes the Attorney General, for purposes of conducting a civil investigation in contemplation of a civil forfeiture proceeding, to administer oaths, take evidence, and, by subpoena, compel the attendance of witnesses and the production of any papers or records which the Attorney General deems relevant to the inquiry. Makes: (1) the same procedures and limitations provided with respect to civil investigative demands applicable to subpoenas under this Act; and (2) failure to comply with a court order to enforce such subpoena punishable as contempt, subject to specified restrictions. Permits any party, at any time after the commencement of a forfeiture action brought by the United States, to request the Clerk of the Court in the district in which the proceeding is pending to issue a subpoena to a financial institution to produce books, records, and documents at any place designated by the requesting party, subject to specified procedures and limitations. Title II: Money Laundering - Amends the Federal criminal code to make technical and conforming amendments with respect to: (1) specified bank fraud offenses; and (2) the use of grand jury information for bank fraud and money laundering forfeitures. Prohibits, for the purpose of evading reporting requirements with respect to the exportation and importation of monetary instruments: (1) failing to file a required report or cause a person to fail to file such a report; (2) filing or causing a person to file a report that contains a material omission or misstatement of fact; or (3) structuring or assisting in structuring any importation or exportation of monetary instruments. Bars any financial institution, or officer, director, employee, or agent of such an institution, from disclosing the existence or terms of a geographic targeting order, with exceptions. Expands the definition of "financial transaction" to cover the transfer of title to any real property, vehicle, vessel, or aircraft. Prohibits obstructing a money laundering investigation. Permits the use of the Asset Forfeiture Fund to pay awards for information relating to violations of the criminal money laundering laws. Makes the penalty for a money laundering conspiracy equivalent to the penalty for the substantive money laundering offense. Amends the Right to Financial Privacy Act of 1978 (RFPA) to prohibit a financial institution from notifying possible suspects of the existence of a grand jury subpoena for bank records in money laundering and controlled substances investigations. Expands money laundering and civil forfeiture provisions to include the proceeds of foreign kidnappings, robberies, and extortions. Repeals a restriction on the disposal of judicially forfeited property by the Department of the Treasury and the Postal Service. Makes felony violations of the Foreign Corrupt Practices Act and mail theft predicate offenses to money laundering prohibitions. Title III: Bank Secrecy and Right to Financial Privacy Amendments - Amends the Bank Secrecy Act (BSA) to prohibit structuring transactions to avoid a prohibition against the cash purchase of certain monetary instruments in amounts greater than $3,000 to non-account holders unless the financial institution verifies the identification of the purchaser. Authorizes the Secretary of the Treasury to require that financial institutions report suspicious transactions relevant to possible violations of law or regulation. Bars such institutions from notifying any person involved in the transaction that such transaction has been reported. Extends the customer liability protection of the RFPA with respect to reports of suspicious transactions to all financial institutions subject to the BSA. Authorizes the Secretary to: (1) require financial institutions subject to the BSA to have anti-money laundering programs which include, at a minimum, the development of internal policies, procedures, and controls, the designation of a compliance officer, an ongoing employee training program, and an independent audit function to test the program; and (2) promulgate minimum standards for such procedures. Makes persons who cause financial institutions to maintain false or incomplete records in contravention of the BSA recordkeeper requirement subject to civil sanctions. Amends the RFPA to protect from civil liability a financial institution that acts in good faith in reporting a suspicious transaction for refusal to do business with the customer engaged in such transaction. Allows financial records originally obtained by an agency under the RFPA to be transferred to the Secretary for analysis and use by the Financial Crimes Enforcement Network for criminal law enforcement purposes without customer notice.
United States · United States Congress · 2 August 1991
Amends the Internal Revenue Code with regard to foreign base company income to provide a special rule for U.S.-owned businesses operating in the European Community (which includes Belgium, Denmark, France, Greece, the Irish Republic, Italy, Luxembourg, The Netherlands, Portugal, Spain, the Federal Republic of Germany, and the United Kingdom).
United States · United States Congress · 2 August 1991
Job Fairness and Trade Equity Act of 1991 - Amends the Harmonized Tariff Schedule of the United States to classify certain light trucks or light-duty trucks as motor vehicles for the transport of goods for purposes of tariff treatment under the Schedule.
United States · United States Congress · 2 August 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. Directs the Secretary of Education to study and report to the Congress on the effects of the IDEA program on participating institutions' tuition rates and accrediting and licensure standards. 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 under 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 · 2 August 1991
Federal Prison Industries Competition in Contracting Act - Amends the Federal criminal code to require that: (1) a decision by Federal Prison Industries (FPI) to produce a new prison-made product or to expand the production of an existing product be made by the Board of Directors of FPI (the Board) in conformance with the public notice and comment requirements of the Administrative Procedure Act; and (2) the corporation prepare and furnish to the Board a detailed analysis of the probable impact on industry and free labor of any proposal to authorize the production and sale of a new prison-made product or to expand production of a currently authorized product (such proposal). Requires such analysis to identify and consider factors including: (1) the number of vendors that currently meet Federal requirements for the specific product; (2) the proportion of the Federal market for the product currently furnished by small and disadvantaged businesses and businesses in labor surplus areas during the previous three fiscal years; (3) the share of the Federal market for the product projected for FPI for the fiscal year in which production will commence (or expand) and the subsequent three fiscal years; (4) whether the industry producing the product in the private sector has an unemployment rate higher than the national average, a rate of employment for production workers that has consistently shown an increase during the previous five years, or has an import to domestic production ratio of 25 percent or greater; (5) whether the specific product is an import-sensitive product; (6) the projected growth in the Government for the specific product and the capability of such demand to sustain both FPI and private vendors; and (7) whether authorizing the production of the new product will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. Bars the Board from approving such proposal if the product is: (1) produced in the private sector by an industry which has reflected during the previous year an unemployment rate above the national average; or (2) an import-sensitive product. Directs the Board to: (1) give additional notice of such proposal in a publication designed to most effectively provide notice to private vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of such proposal; (2) solicit comments on the analysis required under this Act from trade associations representing private sector workers who could reasonably be expected to be affected by its approval; and (3) afford an opportunity, upon request, for a representative of private industry to present comments on such proposal directly to the Board. Requires the corporation to provide the Board with its recommendations regarding action on the proposal, taking into consideration the comments received. Requires: (1) the various Federal departments and agencies (agencies) to offer to purchase from FPI any product authorized to be offered for sale and listed in the UNICOR Schedule of Products (whenever it has a requirement for an FPI product); and (2) FPI to publish and periodically revise such Schedule. Sets forth provisions with respect to the solicitation of offers from FPI and contract awards to FPI on either a competitive or sole source basis. Prohibits the cancellation or withdrawal of a solicitation solely for the purpose of affording an agency buying activity the opportunity to enter into noncompetitive negotiation with FPI unless the Attorney General determines that FPI cannot reasonably expect to receive the contract award on a competitive basis and that such award is necessary to: (1) maintain work opportunities otherwise unavailable at the penal facility at which the contract is to be performed to prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility; or (2) permit diversification into the labor-intensive manufacture of a specific product that has been approved by the Board. Specifies that: (1) a timely offer received from FPI shall be considered eligible for award (even if the competition is restricted); and (2) FPI shall be required to perform its contractual obligations to the same extent as any other contractor. Repeals a provisions under which any dispute relating to the price, quality, character, or suitability of FPI products shall be arbitrated by a board consisting of the Comptroller General of the United States, the Administrator of General Services, and the President, or their representatives. Specifies that: (1) a decision by a contracting officer regarding the award of a contract to FPI or relating to the performance of such contract shall be final, unless reversed on appeal (but authorizes the Director of FPI to appeal to the head of a Federal agency an adverse determination made by a contracting officer, in which case the decision of such agency head shall be final); and (2) a dispute between FPI and a buying activity regarding contract performance shall be subject to final resolution by the board of contract appeals having jurisdiction over the buying activity's contract performance disputes under the Contract Disputes Act of 1978. Requires that the amendments made by this Act be implemented through modifications to the Federal Acquisition Regulation (FAR) within 180 days. Makes FAR subject to provisions of the Office of Federal Procurement Policy Act (which assure publication in the Federal Register and the opportunity for public comment before the promulgation of a final regulation). Requires each Federal agency reporting to the Federal Procurement Data System through the General Services Administration to report all acquisitions from FPI. Amends the Federal criminal code to require the Board, in its annual report to the Congress, to include: (1) an analysis of the corporation's total sales for each specific product sold to Federal agencies, the total purchases by each agency of each specific product, the corporation's share of such total Government purchases by specific product, and the number and disposition of disputes submitted to agency heads; (2) an analysis of the inmate workforce, including the number of inmates employed, the number and percentage of employed inmates by the term of their incarceration, and the various hourly wages paid to inmates employed with respect to the production of the various specific products authorized for production and sale; and (3) data concerning employment obtained by former inmates upon release to determine whether the employment provided by FPI during incarceration provided such inmates with knowledge and skill in a trade or occupation that enabled such former inmate to earn a livelihood upon release. Directs that copies of such annual report be made available to the public at a price not to exceed the cost of printing. Authorizes the Department of Defense (DOD) to count toward the attainment of the goal set out in the National Defense Authorization Act for Fiscal Year 1987 for participation by small disadvantaged businesses, historically Black colleges and universities, and minority institutions in DOD contracting opportunities, the value of any purchase of supplies or services made by FPI from an entity described in such Act for the performance of a contract with DOD.
United States · United States Congress · 2 August 1991
Family Home Investment and Education Plan Act - Amends the Internal Revenue Code to make the tax on prohibited transactions inapplicable to a home equity participation arrangement. Describes such arrangement as one in which the eligible participant in an individual retirement plan directs the trustee of such plan to acquire an ownership interest in all or part of any dwelling unit which within a reasonable period of time (determined at the time the arrangement is executed) is to be used as the principal residence for a first-time homebuyer. Requires such ownership interest to be a fee interest which requires full repayment. Limits the amount invested to the balance in the plan before January 1, 1992. Describes the first-time homebuyer as an eligible participant or a qualified family member (child, parent, grandparent, or spouse) who had no present ownership interest in a principal residence during the 36-month period before the date of the arrangement. Allows the use of amounts in an individual retirement plan (prior to January 1, 1992) to make loans to purchase a home for a first-time homebuyer or to pay qualified higher education expenses on behalf of an eligible participant or a qualified family member. Requires the repayment of first-time homebuyer loans within 15 years and of higher education loans within ten years.
United States · United States Congress · 2 August 1991
James Madison - Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five-dollar and half-dollar coins emblematic of the Bill of Rights; and (2) 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 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. Requires the Secretary to submit monthly financial status reports to certain congressional committees.
United States · United States Congress · 1 August 1991
Fairplay for Taxpayers Act of 1991 - Amends the Federal Rules of Evidence to declare that the communications between a lawyer, an accountant, or an enrolled agent with respect to the preparation of a tax return for a client and the client shall be privileged in the U.S. courts. Amends the Internal Revenue Code to increase the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Provides that if a taxpayer pays the full amount of taxes, interest, and penalties owed within 45 days (currently, ten days) from the date of notice and demand, then no interest liability will be imposed. Requires any final, temporary, or proposed tax regulation or ruling to be applied prospectively from the date of publication in the Federal Register. Provides that such prospective-only treatment may be superseded only by congressional action. Replaces the "substantially-prevailed" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding with a "prevailed-to-some-extent" test. Allows the taxpayer to recover the same percentage of costs incurred as the percentage by which he or she prevails in the controversy. Revises the meaning of reasonable administrative costs to include only costs incurred during, or in preparation for, the initial audit, or an appeals conference, or at any time thereafter. Expands the current test allowing taxpayers to sue for civil damages for certain unauthorized collection actions to allow a suit if in connection with any collection of tax any officer or employee of the Internal Revenue Service (IRS) carelessly disregards tax law. (The current test is "recklessly or intentionally disregards".) Directs the IRS to require all employees to report to the Inspection Service all instances of misconduct. Directs the Commissioner of IRS to make quarterly reports to the Inspector General concerning cases reported to the Inspection Service. Requires the Inspector General to submit an annual summary of such quarterly reports to specified congressional committees. Directs the Commissioner to carry out an education and training program for all IRS employees regarding appropriate and ethical conduct of governmental duties and responsibilities, including an explanation of applicable standards of conduct. Authorizes appropriations.
United States · United States Congress · 1 August 1991
Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.
United States · United States Congress · 31 July 1991
Small Post Office Retention Act of 1991 - Amends Federal law with respect to the closing of postal facilities to provide that a post office includes any facility which provides retail postal service in a community, without regard to the classification of such facility for other purposes or to the rank or title of the person in charge of such facility. Declares that the relocation of a post office from one point in a community to another point in the same community shall not be deemed a closing.
United States · United States Congress · 31 July 1991
Expresses appreciation to William H. Webster on the occasion of his retirement for exceptionally distinguished service to the Federal judiciary, the Federal Bureau of Investigation, the Central Intelligence Agency, the national intelligence community, and the United States.
United States · United States Congress · 30 July 1991
Amends the Federal criminal code to authorize the transfer of property from civil forfeitures to local fire service agencies where such agencies participated in acts which led to the seizure or forfeiture of the property.
United States · United States Congress · 29 July 1991
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia.
United States · United States Congress · 26 July 1991
Amends the Federal Aviation Act of 1958 to require air carriers that have acquired a certificate transferring air route authority from another air carrier to hire from such air carrier, in order of seniority, no less than the number of employees required to operate such route. Affords such hired employees seniority integration protections provided in Tiger International Seaboard Acquisition Case, CAB Docket 33712. Provides for the enforcement of such seniority protections by U.S. district courts. Amends the Airline Deregulation Act of 1978 to declare that air carrier employees who are furloughed or terminated by an air carrier (other than for cause) prior to the last day of the 17-year (currently, ten-year) period beginning upon enactment of such Act shall have first right of hire, regardless of age in his or her occupational speciality by any other air carrier that is hiring additional employees.
United States · United States Congress · 24 July 1991
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts by a three-fifths majority vote of both Houses. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
United States · United States Congress · 23 July 1991
Securities Investor Protection Act of 1991 - Amends the Securities Exchange Act of 1934 to provide that private rights of action may be brought either: (1) five years from the date on which violations of this Act occurred; or (2) two years from the date on which such violation was discovered or should have been discovered through reasonable diligence.
United States · United States Congress · 22 July 1991
Pornography Victims' Compensation Act of 1991 - Creates a civil cause of action against a commercial producer, distributor, or exhibitor or seller of obscene material or child pornography by a victim of a forcible sexual crime. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the material was a substantial cause of the offense; (2) the defendant is a commercial producer or distributor of the material, or commercially exhibited or sold the material to the sexual offender; (3) the producer, distributor, exhibitor, or seller should have reasonably foreseen that such material would create an unreasonable risk of such a crime; and (4) the production, distribution, sale, or transport of the type of material in the aggregate affects interstate or foreign commerce. Prohibits the finder of fact, in determining whether the material was a substantial cause of the offense, from considering the testimony of the offender. Authorizes the award of actual damages including compensation for pain and suffering, reasonable attorney's fees, and other costs of the suit. Sets a statute of limitations of two years from the date of the commission of the criminal offense giving rise to the action, or one year after any conviction for such offense, whichever is earlier.
United States · United States Congress · 18 July 1991
Amends the Internal Revenue Code to provide a complete tax exemption (currently a 75 percent tax exemption) for bonds used to finance high-speed intercity rail facilities.
United States · United States Congress · 16 July 1991
Recognizes and grants a Federal charter to the Shepherd's Centers of America, Incorporated, a nonprofit corporation organized under the laws of the State of Missouri.
United States · United States Congress · 16 July 1991
Expresses the sense of the Congress that: (1) the 1981 Israeli preemptive strike against the Iraqi nuclear reactor at Osirak was a legitimate and justifiable exercise of self-defense which also reduced the threat of Iraqi nuclear aggression against countries bordering Iraq; and (2) the United States should seek the repeal of United Nations Security Council Resolution 487 which condemned the strike.
United States · United States Congress · 15 July 1991
Prohibits the proposed export to the Republic of Korea of technical data and equipment described in the certification transmitted to the Congress pursuant to a specified Section of the Arms Export Control Act on July 8, 1991 (transmittal number MC-42-91).
United States · United States Congress · 15 July 1991
Prohibits the proposed sale to the Republic of Korea of F-16 C/D aircraft and other defense articles and defense services described in the certification transmitted to the Congress pursuant to a specified section of the Arms Export Control Act on July 8, 1991 (transmittal number 91-37).
United States · United States Congress · 11 July 1991
World Cup USA 1994 Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the 1994 World Cup and the unique appeal of soccer. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Organizing Committee to organize and stage the 1994 World Cup. Requires that ten percent of such funds shall be made available through the U.S. Soccer Federation Foundation, Inc., for distribution to institutions for scholastic scholarships to qualified students.
United States · United States Congress · 11 July 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 · 11 July 1991
Supports the principles of democratization and self-determination for the six republics and two provinces of Yugoslavia. Condemns the use of force by the Yugoslav authorities against civilians. Calls for: (1) the United States to use its leadership to ensure that concerns regarding the restoration of political stability in Yugoslavia will not preclude promoting and securing democracy and self-determination; (2) the peaceful resolution of political differences in Yugoslavia and the inclusion of Kosovo and Vojvodina in that process; (3) the President to explore means of increasing direct diplomatic, political, and economic ties with the democratic governments of the republics of Croatia and Slovenia; and (4) the State Department to expand direct contacts with the leaders of the democratic opposition of Kosovo and Vojvodina. Calls: (1) upon the Yugoslav Army to refrain from obstructing the functioning of the democratic Governments of Slovenia and Croatia and the Government of Serbia to cease using force against the Albanian population of Kosovo; and (2) for free and fair elections in the provinces of Kosovo and Vojvodina. Recommends that the Administration shape its foreign assistance, trade, and technical assistance programs to support the republics of Croatia and Slovenia and the other democratic republics in Yugoslavia and to encourage democracy in the rest of Yugoslavia.
United States · United States Congress · 28 June 1991
Limited Partnership Rollup Reform Act of 1991 - Amends the Securities and Exchange Act of 1934 to revise proxy solicitation rules with respect to partnership rollup transactions (in which general partners combine several limited partnerships into one unit that trades on a stock exchange). Requires any proxy rules prescribed by the Securities Exchange Commission (SEC) to: (1) permit dissenting shareholders in a proposed rollup to contact other limited partners before the transaction date without first having to file a written proxy statement with the SEC; (2) prohibit any general partner from paying directly or indirectly any person providing solicitation services (a broker-dealer) on the basis of whether the solicitations either approve or disapprove the proposed transaction, or the compensation is contingent on the transaction's approval or completion; (3) require the issuer to provide to a shareholder (limited partner) a list of all limited and general partners involved in the proposed rollup; (4) require the rollup prospectus to be clear, concise, and understandable and summarize all effects of the proposed transaction, conflicts of interest, changes in voting rights and ownership interests, dissenters' rights, and other pertinent information; (5) provide that the soliciting material describe in reasonable detail any opinion, appraisal, or report that is prepared by a person, unaffiliated with the general partner or sponsor and received by the entity subject to the transaction or its affiliates and that is related to the proposed transition; (6) require that each prospectus be accompanied by an independent opinion on the rollup's fairness; and (7) give each shareholder at least 60 days to review the prospectus; and (8) contain such other provisions as the SEC determines necessary. Requires the rules of a national securities association to prevent association members from participating in any rollup transaction unless it protects the rights of dissenting limited partners, including: (1) the right to an appraisal and compensation, or to retain a security under the same terms as the original issue; (2) the right not to have dissenters' voting power unfairly reduced or abridged; (3) the right not to bear the costs of a rejected rollup; and (4) restrictions on the conversion of management profit-sharing interests and incentive fees into asset-based management fees. Requires a national securities exchange to prohibit the listing of any security resulting from a rollup transaction unless it provided for such dissenters' rights. Requires SEC rules to prohibit any national market system from trading any security resulting from a rollup transaction unless it provided for such dissenters' rights.
United States · United States Congress · 28 June 1991
Amends the Housing Act of 1949 to extend through FY 1992: (1) rental housing loan authority; and (2) mutual and self-help housing grant and loan authority.
United States · United States Congress · 27 June 1991
Chemical Control and Environmental Responsibility Act of 1991 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance with applicable Federal, State, and local law; (3) prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person. Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader, with respect to that transaction, subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified nations, regardless of the status of certain customers in such country as "regular customers," if such action is necessary to support effective diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day advance notice requirement for exports of specific listed chemicals to specified countries, and for the importation of specific listed chemicals, if such advance notice is not required for effective chemical control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; and (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the advance notice requirement by misrepresenting either the actual country of final destination of the listed chemical, the actual listed chemical being imported or exported, or both. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from the manufacture of a controlled substance other than as required under the Solid Waste Disposal Act. Specifies that, in addition to a penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expresses the sense of the Congress that guidelines issued by the U.S. Sentencing Commission should recommend that the term of imprisonment for such a violation be not less than five (or in the case of a willful violation, not less than ten) years. Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure or cleanup of the contaminated site. Specifies that a discharge in bankruptcy does not discharge an individual debtor from any debt for costs assessed with respect to the management of listed chemicals under the Comprehensive Act. Provides for access by the Attorney General to information in the National Practitioner Data Bank.
United States · United States Congress · 26 June 1991
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 26 June 1991
Prohibits the use of appropriated funds for the export, or the licensing for export, to South Korea of technology for coproduction of F-16 aircraft until at least 30 days after the Congress has received a specified memorandum of understanding. Provides for an extension of the congressional review period until the President transmits such memorandum to the Congress.
United States · United States Congress · 26 June 1991
Amends the Arms Export Control Act to declare that certain Presidential certifications made with respect to a sale, export, or agreement required by a memorandum of understanding (MOU) between the United States and a foreign government for the coproduction or codevelopment of major defense equipment shall not be deemed to have been received by the Congress, unless the President, before such MOU enters into force, transmitted its text to the Speaker of the House of Representatives and the President pro tempore of the Senate.
United States · United States Congress · 25 June 1991
Prohibits the importation of Chinese products unless: (1) the Secretary of the Treasury determines that they are not manufactured with the use of forced labor; and (2) such determination is based on certain consultations with international organizations conducting inspections, and a certification to the Secretary that a product was not manufactured with the use of forced labor. Requires the United States to use all diplomatic efforts to persuade China to permit representatives of certain international organizations to inspect all facilities holding detainees to assure that products for export are not being produced with the use of forced labor. Sets forth civil penalties for violations of such prohibition and the making of a false certification.
United States · United States Congress · 25 June 1991
Anti-Forced Labor Act of 1991 - Amends the Tariff Act of 1930 to prohibit the importation, or the transportation in interstate commerce, of products manufactured by forced labor. Declares that such prohibition shall not apply to products vital to U.S. national security. Prohibits U.S. nationals from investing in, or making loans to, a foreign joint venture involving the use of forced labor. Sets forth civil penalties for violating such prohibitions. Provides for the administrative review of orders imposing such penalties. Authorizes private persons to: (1) bring civil actions to enforce such prohibitions in an appropriate U.S. district court; and (2) sue for treble damages business competitors which violate such prohibitions if the plaintiff is injured as a result of such violation.
United States · United States Congress · 24 June 1991
Veterans' Hospice Services Act of 1991 - Directs the Secretary of Veterans Affairs to conduct a pilot program to: (1) assess the feasibility and desirability of furnishing hospice care to terminally ill veterans; and (2) determine the most efficient and effective means of furnishing such care. Directs the Secretary to designate 15 to 30 Department of Veterans Affairs medical facilities for such demonstration projects. Requires the Secretary to ensure that: (1) Department medical facilities conducting such projects include both urban and rural area facilities; (2) the full range of affiliation between medical facilities of the Department and medical schools is represented by the facilities selected to conduct such projects; and (3) such facilities vary in the number of beds they operate and maintain. Allows such hospice care to be accomplished by Department medical facilities and personnel, by contract where inpatient services are provided by Department medical facilities, or by contract where inpatient services are provided by a non-Department medical facility. Allows such inpatient care to be provided at a facility not designated in the contract when the provision of such care at such other facility is necessary under the circumstances. Limits the amount paid for hospice care programs under this Act to the equivalent of hospice care payments under title XVIII (Medicare) of the Social Security Act. Allows the Secretary to pay in excess of such amounts for hospice care when the Secretary determines, on a case-by-case basis, that: (1) the furnishing of such care is necessary and appropriate; and (2) the amount paid under Medicare would not compensate the program for the cost of furnishing such care. Directs the Secretary, during the pilot program period, to designate not less than five Department medical facilities at which palliative care is being furnished to terminally ill veterans either by Department personnel and facilities providing such care or by Department personnel monitoring care provided by non-Department facilities. Directs the Secretary to ensure that terminally ill veterans who have been informed of their medical prognosis receive information relating to their eligibility for hospice care and services under Medicare. Directs the Secretary to submit annual reports to the Senate and House Veterans' Affairs Committees relating to the conduct of the pilot program and the furnishing of hospice care to terminally ill veterans under the demonstration projects. Requires the Secretary to also report to such committees an evaluation and assessment of the hospice care program, including information enabling the committees to fully evaluate the feasibility of furnishing palliative care to terminally ill veterans.
United States · United States Congress · 24 June 1991
Amends the Internal Revenue Code to make permanent the provisions permitting small issues of tax-exempt bonds to finance manufacturing facilities and farm property.
United States · United States Congress · 21 June 1991
Department of Energy Science and Technology Partnership Act - Establishes a program in the Department of Energy (DOE) under which the Secretary of Energy shall encourage departmental laboratories to enter into partnerships for research in: energy efficiency, energy supply, high-performance computing, environmental problems, human health, advanced manufacturing technologies, education and training. Authorizes such partnerships with colleges and universities, industry, and other Federal agencies. Amends the Department of Energy Organization Act to establish a career path program for the recruitment of promising and gifted employees of DOE's national laboratories to serve in critical and other positions as a stage in realizing the full potential that such employees contribute to the strategic defense and energy security posture of the United States. Increases the number of Under Secretaries in DOE from one to three, and the number of Assistant Secretaries from eight to 11.
United States · United States Congress · 20 June 1991
Allows individuals who apply for Medicare cost-sharing payments within a specified period to receive retroactive payments for any medical costs they incurred while eligible for enrollment in the Qualified Medicare Beneficiary Program.
United States · United States Congress · 19 June 1991
Federal Used Property for Humanitarian Relief Act of 1991 - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to make available to foreign governments or international relief agencies for humanitarian relief purposes nonlethal surplus personal property not needed for State disaster relief or by the American Red Cross or by States or territories for educational or public health purposes. Requires transfer of such property to the Secretary of State for distribution. Makes the Secretary responsible for the reacquisition of such property from the donee government or agency upon determining that its need for such property ceases to exist. Requires the Secretary to retransfer such property to the Administrator for further disposition. Authorizes executive agencies having any such property in a foreign country that has not been returned to the United States to make such a transfer. Repeals provisions authorizing the Secretary of Defense to make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense.
United States · United States Congress · 19 June 1991
Prohibits the proposed sale to the United Arab Emirates of AH-64 APACHE attack helicopters and related defense articles and services, and design and construction services described in the certification submitted to the Congress pursuant to the Arms Export Control Act on June 11, 1991.
![Official portrait of Sen. D'Amato, Alfonse [R-NY]](https://www.congress.gov/img/member/d000018_200.jpg)