United States · United States Congress · 21 February 1991
Expresses the sense of the Congress that: (1) the President should request an official apology to all Americans, in particular African Americans, from Japanese Prime Minister Toshiki Kaifu for the remarks of Justice Minister Seiroku Kajiyama; (2) immediate action should be taken by Kaifu and his administration to combat racist attitudes among Japanese Government and corporate officials and to engage in an educational initiative to enhance the understanding of the Japanese people regarding the positive elements of multiethnic and multiracial societies; and (3) the Japanese Government should demand of its officials the highest level of respect for the diverse peoples of the world.
United States · United States Congress · 6 February 1991
Ancient Forest Protection Act of 1991 - Establishes the National Ancient Forest Reserve System. Designates certain lands in California, Oregon, and Washington as components of such System. Declares that all Federal lands in such States which qualify as ancient forest or associated forest and are not designated as components of the System shall be managed as if they are. Requires the Secretary of Agriculture and the Secretary of the Interior to issue regulations with respect to the removal of commercial timber from such lands. Declares it to be U.S. policy to develop and utilize scientific information to study and identify the biological and ecological requirements of ancient forest ecosystems. Directs the Chairman of the Council on Environmental Quality to study and report to appropriate congressional committees on the biological and physical requirements for the survival of such ecosystems.
United States · United States Congress · 6 February 1991
Social Security Notch Adjustment Act of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to establish a new formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)
United States · United States Congress · 6 February 1991
Small Disadvantaged Business Fair Share Act - Directs the Secretary of Defense (the Secretary), acting through the Defense Contract Administration Services, to increase outreach to small disadvantaged businesses (SDBs) that are potential contractors or subcontractors with the Department of Defense (DOD). Prohibits the Secretary from entering into a contract with a contractor unless the contractor includes a plan to spend at least ten percent of the contract on subcontracting with SDBs. Requires the Secretary to withhold ten percent of the amounts to be paid to the prime contractor for direct payments to subcontractors who are SDB's. Amends the National Defense Authorization Act for Fiscal Year 1987 to increase from five to ten percent the goal set for subcontract awards to historically Black colleges and universities, small businesses, minority-owned media, and minority institutions. Revises requirements for the awarding of subcontracts to small businesses and minority institutions to require: (1) 50 percent of the cost of contract performance incurred for personnel to be expended for employees of the entity (in the case of a contract for services); and (2) that the entity will perform the work for at least 75 percent of the cost of manufacturing (in the case of a contract for the procurement of supplies). Allows the Secretary to decrease such amounts by up to ten percent when determined necessary. Provides that, in lieu of meeting such requirements, an entity may agree that at least 75 percent of personnel costs under a contract shall be expended for entity employees and that the entity will perform at least 75 percent of the manufacturing work in the case of contract for procurement of supplies. Allows non-manufacturing work in the case of a contract for procurement of supplies. Allows a non-manufacturing entity to submit and have considered its offer for a procurement contract for the supply of a product, but requires such business concern to: (1) be primarily engaged in the wholesale or retail trade; (2) be a small business concern; (3) be a regular dealer in the product to be offered to the DOD; and (4) make certain representations that it will supply the product of a domestic small business manufacturer or processor, unless a waiver is granted by the Secretary under specific circumstances. Requires the Secretary to make every effort to increase the number of contracts available to small and minority business entities under the National Defense Authorization Act for Fiscal Year 1987. Requires, as a condition of approval of a contract with the DOD, that the contract bid must be accompanied by documentation certifying that the potential contractor is in compliance with the equal opportunity provisions of specified Federal regulations. Requires periodic certification updates. Directs the Secretary to promulgate regulations to administer this Act by a certain deadline.
United States · United States Congress · 6 February 1991
Veterans PTSD Treatment and Psychological Readjustment Act of 1991 - States that it shall be the policy of the Secretary of Veterans Affairs to implement the recommendations of the Chief Medical Director's (CMD) Special Committee on Post-Traumatic Stress Disorder to establish and operate specialized inpatient post-traumatic stress disorder units (SIPUs) at Department of Veterans Affairs medical centers. Requires such facilities and services to be available to all eligible veterans, including veterans of the Persian Gulf conflict. Requires the Secretary to gradually increase the number of SIPUs in order to meet a total increase of not less than 30 units by December 31, 1994. Requires the Secretary to direct the Special Committee to identify areas of the country in which there are significant needs for expanding the Vet Center program. Directs the Special Committee to present a list of not less than 40 areas as candidates for new Vet Centers to the Readjustment Counseling Service of the Department no later than September 30, 1991. Requires the Counseling Service to gradually increase the number of existing Vet Centers in order to meet a total increase of not less than 40 by December 31, 1994. Directs the Advisory Committee on Readjustment of Veterans (established under this Act) to prepare a report to be submitted to the Congress on recommendations to increase outreach efforts to veterans of the Vietnam era and thereafter with readjustment counseling needs. Expands eligibility under the Vet Center program to include veterans of the Persian Gulf conflict. Directs the Secretary to make facilities and services of the Vet Centers available to family members of military personnel assigned to duty in the Persian Gulf. Urges the Secretary to fill expeditiously Vet Center staff vacancies caused by reassignment to Department medical facilities in preparation for receipt of casualties from the Persian Gulf conflict. Directs the Secretary to establish the Advisory Committee and seek its advice with respect to: (1) the administration of Department benefits for veterans, particularly Vietnam and post-Vietnam era veterans; (2) reports and studies pertaining to veterans, particularly Vietnam and post-vietnam era veterans; and (3) the needs of all veterans with respect to compensation, health care, readjustment, outreach, and other benefits and programs administered by the Department. Requires the Advisory Committee to report annually to the Secretary pertaining to the social, economic, educational, and psychological readjustment of veterans. Requires the Secretary to submit such reports to the Congress, along with comments and recommendations. Authorizes the Secretary to conduct a pilot program to contract for care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities for eligible veterans suffering from PTSD. Requires the CMD to plan, design, and conduct such program. Requires the Secretary to approve the quality and effectiveness of a program operated by a contract facility before allowing veterans to be furnished treatment there under the pilot program. Directs the Secretary to: (1) urge all public and private entities to provide appropriate employment and training opportunities to veterans who have been provided treatment and rehabilitative services under this Act for PTSD and who have been determined to be sufficiently rehabilitated to be employable; and (2) provide all possible assistance to the Secretary of Labor in placing such veterans in such opportunities. Requires the Secretary to provide referral services and advice to veterans discharged or released from active service who are not eligible for PTSD treatment and services. Limits participation in the PTSD pilot program to 500 eligible individuals. Directs the Secretary to report to the Senate and House Veterans' Affairs Committees on the operation of the pilot program through FY 1994. Terminates the pilot program after five years of operation. Directs the Special Committee to examine the effectiveness of contracts for the treatment of PTSD with private facilities and therapists. Requires the Special Committee to report its findings and recommendations to the veterans' committees. Requires the Secretary, in administering the Health Professionals Educational Assistance Program, to encourage the participation of individuals who desire to become psychologists, psychiatrists, social workers, psychiatric nurses, and other professionals specializing in the treatment of PTSD. Directs the CMD to conduct research programs to consider the most effective treatment for PTSD and the effectiveness of involving the family in the treatment of PTSD and to report his findings to the veterans' committees. Requires such research to be conducted through the National Center on Post-Traumatic Stress Disorder, with consultation from the Special Committee and the Advisory Committee. States that it shall be the policy of the Secretary to implement the recommendations of the Special Committee to establish and operate post-traumatic stress disorder clinical teams (PCTs) at Department medical centers that provide mental health services. Requires such services to be available to all veterans, including veterans of the Persian Gulf conflict. Directs the Secretary to increase the number of PCTs by 50 units by the end of calendar year 1994. Requires the Secretary, in establishing such new PCTs, to give priority to locations that do not have a SIPU or an affiliated Vet Center. Requires the Secretary to direct the Special Committee to assess the capacity of the Department to provide treatment for PTSD. Requires the Special Committee to report its findings to the Secretary, to be forwarded to the Congress.
United States · United States Congress · 6 February 1991
Lead Battery Recycling Incentives Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for persons who generate, transport, store, recycle, or dispose of spent lead-acid batteries. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of the regulations on the recycling industry. Sets forth required elements of such regulations, including specific requirements for: (1) the storage and transfer of batteries by generators; (2) recordkeeping by battery generators, transporters, and recyclers; and (3) management practices of recyclers. Directs battery retailers to accept from customers spent lead-acid batteries of the same type and quantity of the batteries sold. Requires transporters to acquire an identification number from the EPA or the State enforcing this Act. Directs the Administrator to implement education activities to inform the public about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries. Authorizes appropriations. Applies such requirements to batteries which are transported to or managed by a lead-acid battery recycling facility, a secondary lead smelter, or any facility that prepares batteries for recycling. Requires producers or importers of lead-acid batteries to recycle, for the ten-year period beginning 24 months after this Act's enactment, an amount of spent lead equal to at least the amount determined by multiplying the amount of lead in the batteries produced or imported by such persons by the recycling percentage established by the Administrator. Authorizes compliance with such requirement by: (1) reclaiming lead from such batteries and using it in the production of new batteries; (2) purchasing reclaimed lead from secondary lead smelters for purposes of producing new batteries or shielding; or (3) purchasing recycling credits. Directs producers or importers to report annually to the Administrator on the amount of virgin and secondary lead used in new lead-acid batteries produced or imported by such persons. Sets the recycling percentage at 80 percent. Increases such percentage by two points annually. Authorizes the Administrator to reduce or waive the two percent increase if the rate exceeds 95 percent. Directs the Administrator to promulgate regulations to allow: (1) producers of lead-acid batteries to create credits for recycling an amount of batteries greater than required; and (2) producers of new batteries to purchase such credits for purposes of complying with this Act. Sets forth minimum requirements for the credit system. Applies battery recycling requirements to persons who produce or import more than 10,000 pounds of new lead-acid batteries annually. Sets the recycling percentage at 90 percent if the Administrator fails to promulgate recycling regulations.
United States · United States Congress · 6 February 1991
Oil Recycling Incentives Act - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from identifying used oil or affiliated materials as hazardous wastes under the Solid Waste Disposal Act. Defines "affiliated materials" as used oil filters and any materials used for cleaning up after changing oil that are contaminated with used oil. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste. Directs the Administrator to promulgate regulations for persons who generate, store, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Includes intermediate storage requirements in transporter regulations. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits. Directs the Administrator to promulgate regulations for exempt refineries that recycle used oil as necessary to protect human health and the environment. Sets forth minimum requirements for such regulations. Requires used oil disposal and affiliated material regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the mixture is stored, treated, or disposed of at a permitted facility. Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Sets forth permit requirements. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and at which the amount of refined used oil is equal to no more than the amount of used oil that the owner is required to recycle and the used oil contains less than a specified amount of halogens; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually. Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities. Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Sets forth labeling requirements for oil packages and oil filters to encourage the return of used oil to collection centers. Requires States to develop plans for making information available to the public about recycling of used oil and oil filters. Directs the Administrator to establish a toll-free telephone line to give out information about State used oil recycling programs. Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations.
United States · United States Congress · 6 February 1991
Newsprint Recycling Incentives Act - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle, through methods specified under this Act, an amount of newsprint equal to at least the amount determined by multiplying the amount of newsprint produced or imported annually by such individuals by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes such individuals to comply with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Requires the recycling percentage to be at least 20 percent. Provides for increases in such percentage of two points annually for the next ten years. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Provides that such regulations shall require: (1) producers and importers to keep specified records; (2) producers of recycled newsprint to notify EPA of capacity to recycle old newsprint; (3) importers of recycled newsprint to notify the U.S. Customs Service of the amount of newsprint being imported and to have certifications of the accuracy of such amount from the trade representative of the country shipping such newsprint to the United States; and (4) producers and importers to report to the Administrator on the amount of recycled newsprint produced or imported annually and the number of credits purchased from, or sold to, other producers or importers. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the newsprint and newspaper industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Directs the Administrator to submit to the Congress and implement a plan for the recycling of post-consumer high grade paper. Authorizes appropriations.
United States · United States Congress · 6 February 1991
RU-486 Regulatory Fairness Act of 1991 - Declares that a specified import alert issued by the Food and Drug Administration (FDA) with respect to the drug RU-486 shall not have any legal effect and shall be withdrawn by the FDA. (RU-486 has been used outside the United States to abort pregnancies.) Prohibits the FDA from taking any action to bar the import of that drug unless the FDA finds that it is being imported for an illegal use. Requires the FDA to give consideration in accordance with provisions relating to new drug approval when an application is submitted under such provisions for RU-486.
United States · United States Congress · 6 February 1991
Tire Recycling Incentives Act - Amends the Solid Waste Disposal Act to require tire producers or importers to recycle an amount of scrap tires equal to at least the amount determined by multiplying the amount of tires produced or imported that year by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes compliance by: (1) recycling scrap tires through reintroducing the recovered rubber into a manufacturing process to produce new tires or retread old tire casings; or (2) purchasing recycling credits under this Act. Requires such individuals to report annually to the Administrator on the amount of tires produced or imported. Directs the Administrator to establish a recycling percentage that is five percentage points higher than the existing recycling rate for tires. Provides for increases in such percentage of five points annually in the ten years following the date of enactment of this Act. Requires the Administrator to promulgate regulations allowing recyclers to create credits for tire recycling and tire producers or importers to purchase such credits. Sets forth: (1) specified recordkeeping requirements for owners or operators of tire sale and installation facilities, scrap tire collection facilities, and tire producers and importers; and (2) the amount of credits allowed for scrap tires. Directs the Attorney General to determine the effects of the credit system on competition within the tire and scrap tire recycling industries and to report annually to the Congress. Sets the recycling percentage at 60 percent if the Administrator fails to promulgate regulations. Prescribes civil penalties for violations of recycling requirements. Considers a scrap tire recycling or disposal facility to be a solid waste disposal facility for purposes of Internal Revenue Code provisions concerning exempt facility bonds. Directs the Administrator to: (1) publish in the Federal Register minimum requirements for State scrap tire management and procedures under which such requirements shall be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include specified scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires. Requires such standards to provide for: (1) bans on the disposal of tires in land disposal facilities and on the intentional infliction of damage on tire casings to preclude casings from being used in retreading; (2) State inventories of scrap tire collection facilities, tire advisory boards, and scrap tire abatement plans; (3) agreements between facilities which distribute more than 1,000 tires annually and licensed tire haulers for the exclusive hauling of scrap tires by licensed haulers; and (4) prohibitions on the transportation of scrap tires by transporters without transportation identification numbers, with specified exceptions. Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire collection facilities. Provides for: (1) limits on the size of scrap tire piles at such facilities; (2) bans on open burning within 50 feet of a scrap tire pile; (3) regulations on vegetation, rodent, and mosquito control at such facilities; and (4) different requirements for collection facilities located in 100-year flood plains or other areas where water resources are critical. Requires the Administrator to promulgate guidelines for States for facility emergency plans. Directs facility owners or operators to maintain and update emergency preparedness manuals. Requires facility owners or operators to notify the State immediately in the event of an emergency with potential offsite impacts. Sets forth specified emergency and operational recordkeeping, reporting, and inspection requirements. Requires all regulated facilities to have appropriate financial responsibility or insurance to maintain the facility for at least five years after closure. Exempts specified persons from permitting requirements. Directs the Administrator to promulgate regulations for the State to use to issue permits to scrap tire recycling facilities. Requires the Secretary of the Interior, together with the heads of agencies responsible for public lands or military installations, to implement a plan to remediate tire piles. Applies plan requirements to the National Railroad Passenger Corporation. Directs the Administrator to develop a guideline for procuring items that make use of scrap or used tires. Requires Federal departments, if the Administrator fails to promulgate such guideline, to procure items containing at least 75 percent of post-consumer scrap rubber from scrap tires if the rubber is available within a reasonable amount of time at a reasonable price and meets performance standards. Directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to publish standards to determine the life-cycle costs and benefits of items that make use of rubber from scrap or used tires as compared with items that make use of rubber other than from scrap or used tires. Requires such standards to be used by Federal departments covered by the procurement guideline. Directs the Secretary of Transportation to determine and report to the Congress on: (1) direct worker environmental health effects relating to asphalt made from crumb rubber from scrap tires; (2) the recyclability of asphalt road surfaces made from crumb rubber from scrap tires; and (3) the estimated life of existing asphalt road surfaces made from crumb rubber from scrap tires. Permits States to: (1) enter into consent agreements with owners and operators of scrap tire collection facilities for proper management and abatement of scrap tires; and (2) levy fines on facilities for noncompliance. Imposes fines on tire facilities and landfills for specified violations of this Act. Authorizes appropriations.
United States · United States Congress · 5 February 1991
Department of Veterans' Affairs Minority Affairs Act - Directs the Secretary of Veterans Affairs to designate the Assistant Secretary in the Department of Veterans Affairs (VA) whose functions include equal opportunity functions as the Chief Minority Affairs Officer. Outlines the duties of the Chief Minority Affairs Officer (the Chief), including the following: (1) investigating and examining VA activities affecting minority group members who are veterans or who receive benefits from the VA; (2) assessing the needs of minority veterans within the VA; (3) advising the Secretary regarding the effect on minority veterans of policies, regulations, and programs of the VA and of methods to ensure that minority veterans are afforded an opportunity to participate fully in the activities and benefits of the VA; and (4) carrying out any other additional functions as the Secretary may prescribe. Establishes within the VA five Deputy Officers of Minority Affairs, each of whom shall be appointed by the Secretary. Requires each officer to be responsible for one of the following areas: (1) Asian American affairs; (2) Black American affairs; (3) Hispanic American affairs; (4) Native American affairs; and (5) women's affairs. Requires the Secretary, no less than annually, to report to the Congress a detailed description of any activities and policies of the VA relating to minority group members who are veterans or who receive benefits from the VA and of the duties of the Chief and the Deputy Officers of Minority Affairs.
United States · United States Congress · 31 January 1991
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents, certain veterans, Federal employees' health benefits, and Federal penal and correctional institutions to provide that services related to abortion be made available to the same extent as are other pregnancy-related services under federally-funded programs. Repeals provisions of the Indian Health Care Improvement Act requiring submission of a resource allocation plan to the Congress by December 17, 1981.
United States · United States Congress · 31 January 1991
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to require States which supplement SSI benefits to pass along Federal cost of living adjustments in such benefits in order to be eligible to receive Federal funds under title XIX (Medicaid) of the Social Security Act.
United States · United States Congress · 30 January 1991
Nonprofit Tax-Exempt Organization Insured Deposits Act - Amends the Federal Deposit Insurance Act to declare that the deposits of nonprofit tax-exempt organizations shall be insured.
United States · United States Congress · 29 January 1991
Guard and Reserve Family Protection Act of 1991 - Entitles a member of the reserve or National Guard on active duty in connection with the Persian Gulf conflict to special pay if the member: (1) is entitled to military pay at an annual rate of less than $40,000; and (2) receives monthly military pay at a rate which is less than the monthly civilian wages of such member. Establishes the amount of such special pay as the lesser of the difference between the monthly military pay and: (1) the monthly civilian wages; or (2) $3,333.33.
United States · United States Congress · 18 January 1991
Imposes upon the Soviet Union the trade and assistance restrictions described in this resolution unless and until the President certifies to the Congress that the Soviet Union has: (1) ceased all interference with freedom of the press in Lithuania, Latvia, and Estonia; (2) ceased the threat and use of force against the people of such states; (3) ceased its military occupation of all buildings and facilities in such states seized during the crackdown that commenced in March 1990; and (4) entered into meaningful negotiations with the democratically elected leaders of such states for the purposes of establishing the formal recognition of their independence. Specifies as such restrictions: (1) prohibiting the Export-Import Bank and the Commodity Credit Corporation from issuing or paying any insurance or credit guarantee with respect to financing exports to the Soviet Union; (2) making ineffective the U.S.-Soviet trade agreement concluded on June 1, 1990; (3) denying authority to the Secretary of the Treasury and the U.S. executive director of the International Monetary Fund and the International Bank for Reconstruction and Development to support any grant of special association status; and (4) requiring the United States to oppose any waiver or modification of restrictions contained in the Charter of the European Bank for Reconstruction and Development applicable to the provision of loans to the Soviet Union and to oppose loans by such bank to the Soviet Union.
United States · United States Congress · 17 January 1991
Agent Orange Act of 1991 - Presumes the following diseases to be service-connected and resulting from exposure to dioxins and other herbicide agents during service in Vietnam during the Vietnam era unless there is affirmative evidence to the contrary: (1) non-Hodgkins lymphoma, each soft-tissue sarcoma (with certain exceptions), and chloracne or other consistent acneform diseases becoming manifest to a degree of disability of ten percent or more; and (2) those additional diseases that the Secretary determines warrant such a presumption by reason of having a positive association with a herbicide agent, if they become manifest within the appropriate period. Directs the Secretary of Veterans Affairs to prescribe regulations providing that a presumption of service connection is warranted whenever it is determined by the Secretary that a positive association exists between the exposure of humans to a herbicide agent and the occurrence of a disease in humans. Requires the Secretary to take into account reports received from the National Academy of Sciences, as well as other sound medical and scientific information. Outlines procedures to be followed by the Secretary in weighing evidence and report information and making conclusions for or against the positive association and, therefore, the service-connection presumption. Provides for the issuance of final regulations listing the diseases for which positive associations have been found or removing the presumption for a disease. Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) under which NAS shall review and summarize the scientific evidence (and its strength) concerning the association between exposure to a herbicide agent during service in Vietnam and each disease suspected to be associated with such exposure. Provides for NAS: (1) scientific determinations concerning diseases; (2) recommendations for additional studies to resolve areas of uncertainty relating to herbicide exposure; (3) subsequent reviews; and (4) reports, at least biennially, to the Secretary and the Senate and House Veterans' Affairs Committees (the veterans' committees). Terminates the agreement ten years after the fiscal year of the first report from NAS. Directs the Secretary to enter into an agreement with another body if the Secretary cannot reach an agreement with NAS within two months after enactment of this Act. Amends the Veterans' Benefits Improvement Act of 1988 to direct the Secretary to annually furnish updated information on health risks associated with exposure to herbicide agents during service in Vietnam during the Vietnam era. Extends through 1993 the eligibility for hospital, nursing home, or domiciliary care and medical treatment of individuals who served in Vietnam and who have been determined to have been exposed to dioxin or a toxic substance in a herbicide as the result of such service and of veterans exposed to ionizing radiation while serving between September 11, 1945 and July 1, 1946. Directs the Secretary to compile and analyze, on a continuing basis, all clinical data obtained by the Department of Veterans Affairs in connection with examinations and treatment furnished to veterans by the Department after November 3, 1981, for exposure to herbicide agents in Vietnam and which is likely to be useful in determining the exposure to such agents and the disabilities suffered. Requires an annual report on such compilations and provides funding. Directs the Secretary, for facilitating research on the effects of exposure to herbicides used in Vietnam, to establish and maintain a system for the collection and storage of voluntarily contributed blood and tissue samples of veterans who served there. Provides for: (1) specimen security; (2) authorized uses; (3) limitations on acceptance of samples; and (4) authority based on specific funding. Directs the Secretary to establish a scientific research feasibility studies program for conducting research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in Vietnam; and (3) active military service in Vietnam during the Vietnam era. Outlines program and report requirements. Directs the Secretary to consult with NAS. Directs the Secretary, upon the request of a Vietnam veteran who has applied for Department medical care and filed a claim for, or is in receipt of, disability compensation, to obtain a blood sample to conduct a test for the presence of a specified dioxin. Provides for notification to the veteran of test results and requires such blood sample to be maintained as part of the collection of blood and tissue samples required under this Act. Makes conforming amendments and provides for alternative effective dates.
United States · United States Congress · 11 January 1991
Christopher Columbus Coin and Fellowship Act - Title I: Christopher Columbus Quincentenary Coins - Christopher Columbus Quincentenary Coin Act - Directs the Secretary of the Treasury to mint and issue not more than a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the quincentenary of the discovery of America. Sets forth certain features of such coins and provides for their design, issuance, and sale. Terminates the minting of such coins after June 30, 1993. Requires the Secretary to deposit surcharges from the sale of such coins in the Christopher Columbus Fellowship Fund for use by the Christopher Columbus Fellowship Foundation. Declares that no law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act, except that this provision shall not relieve any person from complying with any law relating to equal employment opportunity. Mandates that all amounts received from coin sales be deposited in the coinage profit fund. Title II: Christopher Columbus Fellowship Foundation - Christopher Columbus Fellowship Act - Establishes the Christopher Columbus Fellowship Foundation to award fellowships to outstanding individuals to encourage new discoveries in all fields of endeavor for the benefit of mankind. Establishes the Christopher Columbus Fellowship Fund. Directs the Foundation to report to the President and to the Congress annually on its operations.
United States · United States Congress · 3 January 1991
Defense Economic Adjustment Act - Title I: Defense Economic Adjustment Council - Establishes in the Executive Office of the President the Defense Economic Adjustment Council to be co-chaired by the Secretaries of Commerce and Labor. Establishes in the Executive Office an Office of Economic Adjustment, headed by a Director, to provide staff support to the Council. Directs the Council to disseminate information from the Secretary of Defense to Federal, State, and local agencies concerning proposed or pending changes in defense spending which would affect employment in the defense industry. Requires the Council to perform other duties, including: (1) encouraging the preparation of plans for non-defense-related public projects; (2) coordinating and developing information on priority, federally-funded projects and programs pertaining to defense economic adjustment; (3) monitoring job services information banks; and (4) determining criteria for eligibility for assistance under this Act. Directs the Secretary of Defense to provide the pertinent information to the Council a year in advance of any change and to furnish the Council with projected future defense spending levels. Directs the Council to prepare and distribute a Conversion Guidelines Handbook to outline requirements of programs for professional retraining of personnel. Title II: Community Economic Adjustment Planning - Makes eligible for Federal assistance for economic adjustment planning any community which is substantially affected by reduction or elimination of Government defense facilities or curtailment or conclusion of defense contracts. Directs the Council to make available to alternative use committees information on economic development programs of any Federal instrumentality which provides funds that may be used for planning. Requires the Council to report to the Congress at least annually on any such economic development program. Directs the Council to use data from other departments to develop criteria which ensures that assistance is directed to those communities that are most vulnerable economically to reductions in defense expenditures. Requires the Council to publish a semiannual list of eligible communities. Requires excess property resulting from a closing or reduction in a Government-owned facility to be appraised for purposes of resale to the community. Title III: Alternative Use Committees - Requires the establishment of alternative use committees at defense facilities to plan for economic conversion in the event of closure or reduction. Directs such committees to: (1) evaluate the assets of the facilities and the resources and requirements of the local community; (2) develop at least biennially a detailed plan for conversion of the facility to non-defense-related productive activity; and (3) provide retraining and reemployment counseling services. Requires conversion plans to maximize the pool of skills of available personnel and specify in detail the composition of the work force and plant, material, and financing requirements. Penalizes any contractor who fails to submit an alternative use plan or carry out one approved by the Council by making such contractor ineligible for future defense contracts for three years. Title IV: Economic Adjustment Assistance for Workers - Makes displaced workers certified by the local alternative use committees to the Council eligible for benefits for two years under this Act. Includes among such benefits: weekly compensation, vested pension credit, maintenance of health insurance, retraining for civilian work, job search allowance, and reimbursement for relocation expenses. Requires completion of a program of professional retraining before certain employees are eligible for assistance. Directs the Council to enter into agreements with a State or agency in the State administering the unemployment compensation law to disburse benefits under this Act. Requires displaced workers to accept any employment determined by the State agency or Secretary of Labor to be comparable to the former job, or benefits will terminate. Excludes these benefits from other determinations of eligibility for unemployment compensation under any Federal or State law. Title V: Economic Adjustment Fund - Establishes in the Treasury a Workers Economic Adjustment Reserve Trust Fund. Requires defense contractors to pay a specified percentage into the Fund. Directs the Secretary of the Treasury to deposit a percentage of the projected savings resulting from a cancellation or cutback in defense spending. Title VI: Use of Certain Research Funds - Requires the Council to define urgent national requirements for nondefense sectors of the economy in any determination of the Secretary of Defense as to how certain research and development funds are to be spent. Title VII: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 3 January 1991
Title X Pregnancy Counseling Act of 1990 - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from making a grant for the provision of family planning methods or services unless the applicant agrees to provide complete information and counseling regarding pregnancy, and for a pregnant woman who requests information on options for an unintended pregnancy, to provide: (1) nondirective counseling on prenatal care and delivery, infant care, foster care and adoption, and termination of pregnancy; and (2) referrals for the services that are appropriate to the decision of the woman.
United States · United States Congress · 3 January 1991
Medicaid Infant Mortality Amendments of 1991 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and/or postpartum home visitation services for high-risk infants.
United States · United States Congress · 3 January 1991
Equal Employment Opportunity Commission Amendments of 1991 - Amends the Civil Rights Act of 1964 to authorize the Equal Employment Opportunity Commission to request a head of a Federal agency, department, or unit to appear before the Commission and explain the reason for failing to submit an equal employment opportunity plan. Directs the Commission, after an opportunity for a hearing, to order submission of a plan. Requires the Commission to enforce compliance with such order. Authorizes the Commission to initiate disciplinary action, including the withholding of pay, against any officer or employee responsible for failure to comply with an order. States that equal employment opportunity plans shall include the numerical employment goals established by an agency in its minority recruitment program and that each agency should establish numerical employment goals for the purpose of complying with affirmative action plans.
United States · United States Congress · 3 January 1991
Freedom of Choice Act of 1991 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy: (1) before fetal viability; or (2) at any time, if such termination is necessary to protect the life or health of the woman. Allows a State to impose requirements medically necessary to protect the life or health of such women.
United States · United States Congress · 3 January 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on disparate impact. ( Wards Cove Packing Co. Inc. v. Atonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.) Allows a rule barring employment based on illegal discriminatory intent. Declares that, when an employment practice is alleged to have mixed motives, an unlawful employment practice is established when it is shown that a discriminatory basis was a contributing factor, even though other factors also contributed. Bars certain types of relief and limits damages to the injury that is attributable to the unlawful practice. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an employment practice that implements and is within the scope of a judgment or order) by persons who had certain types of notice and opportunity. Modifies the time limitations within which certain actions must be taken in alleged employment discrimination cases. (In Lorance v. AT&T Technologies, the Supreme Court held that seniority plans cannot be challenged as discriminatory unless complaints are filed soon after the plans are adopted.) Declares the application of a seniority system, if the system was included in a collective bargaining agreement with discriminatory intent, an unlawful employment practice. Allows punitive damages, certain types of compensatory damages, and jury trials only in connection with certain claims of intentional discrimination under the Act or under the Americans with Disabilities Act of 1990. Allows any party, if compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in attorney's fees which may be awarded in certain circumstances. Prohibits consent orders or judgments settling a claim, or stipulations of dismissal, unless the parties or their counsel attest that a waiver of all or substantially all attorney's fees was not compelled as a condition of the settlement.( Independent Federation of Flight Attendants v. Zipes held that attorneys' fees can be recovered under Title VII against losing intervenors only if the intervenor's action is frivolous, unreasonable, or without foundation.) Allows the court, in its discretion to promote fairness, in a proceeding in which a judgment or order granting relief under employment discrimination provisions is challenged, to allow the prevailing party in the original action to recover attorney's fees and costs incurred in defending the judgment or order. Extends the time limit for filing against the Government a civil action involving employment discrimination. Requires, except for prejudgment interest on compensatory damages, the same interest payment by the Government as in cases involving non-public parties. Requires all Federal civil rights laws to be interpreted broadly to provide equal opportunity and provide effective remedies. Prohibits, except as expressly provided, interpreting any Federal civil rights law to repeal or amend by implication any other such law. Prohibits using this Act as a basis for limiting civil rights laws not expressly amended by this Act. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. (In 1989, the Supreme Court ruled, in Patterson v. McLean Credit Union, that an 1866 law forbidding discrimination in contracts applies only to hiring agreements, not on-the-job bias.) Prohibits construing the amendments made by this Act to: (1) require or encourage an employer to adopt hiring or promotion quotas; or (2) affect court-ordered remedies, affirmative action, or conciliation agreements that are otherwise in accordance with the law. Amends the Civil Rights Act of 1964 to apply equal employment opportunities provisions to the Congress, with enforcement as determined by each House of the Congress. Amends the Age Discrimination in Employment Act of 1967 to modify requirements, including time limitations, regarding filing of a civil action. Requires the Equal Employment Opportunity Commission to notify the person aggrieved if an age discrimination charge is dismissed by the Commission. Allows a civil suit to be brought within a specified time limit after the dismissal. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 3 January 1991
Family and Medical Leave Act of 1991 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; (2) both parents may not take such leave at the same time; and (3) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows all leave to which an employee is entitled under this title: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give reasonable notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this Act, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) second opinion; (4) resolution of conflicting opinions; and (5) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this Act, including provisions relating to: (1) restoration to position; (2) denial of such restoration in the case of certain highly compensated employees; (3) maintenance of health benefits; and (4) no bar to agreement concerning alternative employment. Prohibits employers or other persons from interfering with employee rights under this Act or from discriminating against any individual because of participation in proceedings or inquiries under this Act. Provides for administrative enforcement of this title by the Secretary of Labor, as well as enforcement by civil action. Sets forth provisions for investigative authority, injunctive and monetary relief, attorneys' fees, and limitation of actions. Sets forth special rules concerning employees of local educational agencies, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this title. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Family Leave and Temporary Medical Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Allows such employees up to: (1) 18 administrative workweeks in any 24-month period for family leave (i.e., leave because of the birth or placement of a child or care of a sick child or parent), but such leave may not be used at a time more than 12 months after such birth or placement; and (2) 26 administrative workweeks during any 12-month period for temporary medical leave. Provides that such leave will be without pay. Allows employees to substitute other types of paid leave for part of such leave. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth certification provisions and prohibitions against coercion. Directs the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - Establishes the Commission on Leave. Requires the Commission to report on its study of family and medical leave (which may include legislative recommendations concerning coverage of small businesses and alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies) to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - Sets forth the effect of this Act on existing laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this title within 60 days. Title V: Coverage of Congressional Employees - Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.
United States · United States Congress · 3 January 1991
Amends the National Labor Relations Act and the Railway Labor Act to make it an unfair labor practice for an employer to offer or grant: (1) permanent replacement employee status during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work during a labor dispute over an employee who exercised specified rights during such dispute and who is working for, or has unconditionally offered to return to work for, the employer.
United States · United States Congress · 3 January 1991
Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law.
United States · United States Congress · 3 January 1991
Ovarian Cancer Research Act of 1991 - Directs the Secretary of Health and Human Services, through the Director of the National Institutes of Health and the Director of the National Cancer Institute, to conduct or support basic research on certain aspects of ovarian cancer. Prohibits the Secretary from conducting or supporting clinical research on the same matters. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from using the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to the U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 3 January 1991
Federal Employees' Political Activities Act of 1991 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits an employee from using or attempting to use official authority to intimidate, threaten, coerce, command, or influence: (1) any individual for the purpose of interfering with the right of any individual to vote as the individual may choose, or of causing any individual to vote, or not to vote, for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from using, attempting to use, or permitting the use of any official information, unless such information is available to the general public. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting, or to vote for or against any candidate or measure, in any election; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting, or to vote for or against any candidate or measure, in any election; or (3) giving or handing over a political contribution to a superior of the employee. Prohibits an employee from soliciting, accepting, or receiving, or from being in any manner concerned with soliciting, accepting, or receiving, a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee or official or an individual receiving salary or compensation from the Treasury. Prohibits an employee from soliciting, accepting, or receiving a political contribution from, or giving a political contribution to, any person who: (1) has, or is seeking to obtain, contractual or other business or financial relations with the employing agency; (2) conducts operations or activities which are regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Directs the Special Counsel of the Merit Systems Protection Board to prescribe regulations which exempt employees from such prohibitions. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Declares that such request may be denied if the exigencies of the public business so require. Declares that such employee may be required to take leave without pay or accrued annual leave in order to be a candidate if activities relating to the candidacy interfere with the employee's performance of duties. Applies this Act to postal employees and employees of the Postal Rate Commission.
![Official portrait of Rep. Waters, Maxine [D-CA-43]](https://www.congress.gov/img/member/w000187_200.jpg)