United States · United States Congress · 29 January 1991
Amends the Internal Revenue Code to raise from $5,000,000 to $25,000,000 the threshold amount of tax-exempt bonds that a small governmental unit may issue and still remain within the exception from arbitrage rebate requirements. Makes the exception from such rebate for construction bonds effective as if included under the Tax Reform Act of 1986. Permits elections concerning such bonds to be made until 180 days after the date of enactment of this Act. States that any rebates paid shall not be refunded. Increases from $10,000,000 to $25,000,000 the amount of tax-exempt obligations excepted from the pro rata allocation of interest expense of financial institutions to tax-exempt interest for qualified small issuers. Repeals the five percent unrelated and disproportionate private use rules for private activity bonds. Provides that a bond shall not be treated as an arbitrage bond by reason of any failure to meet any requirements of temporary period investments if all earnings which would cause such bond to be an arbitrage bond are paid to the United States by the issuer by the required due dates. Reduces from 100 percent to 90 percent the amount of arbitrage to be rebated to the United States if certain State and local bonds are not to be treated as arbitrage bonds. Provides that an advance refunding bond will not be tax-exempt if it results in amounts becoming available which are invested in substantially guaranteed higher yielding investments pursuant to a contract entered during a certain period before or after issuance of the bond.
United States · United States Congress · 29 January 1991
National Energy Strategy Act of 1991 - Expresses the sense of the Congress that the President, as an economic and national security imperative, should: (1) formulate and implement a national energy policy based on achieving a domestic core supply of energy; and (2) work with the Congress in implementing such policy. Amends the Internal Revenue Code to impose an excise tax on the first sale within the United States of imports of: (1) crude oil; (2) refined petroleum products; and (3) petrochemical feedstocks or petrochemical derivatives. Sets the rate of the tax as the difference between $22 per barrel ($24.50 for petroleum and petrochemical products) and the most recently published average price of a barrel of internationally traded oil, as determined by the Secretary of the Treasury in accordance with a specified formula. Treats certain geological and geophysical costs and surface casing costs as intangible drilling and development costs that a taxpayer may elect to capitalize or to deduct for income tax purposes. Exempts oil and gas wells from the application of the net income limitation on percentage depletion. Revises the percentage depletion allowance applicable to oil and gas wells, retaining a 15 percent minimum, but increasing the percentage incrementally (to a maximum of 30 percent) as the average annual removal price falls below $20. Repeals provisions that tax as ordinary income any gains from dispositions of oil, gas, or geothermal wells. Establishes a marginal production income tax credit for producers who maintain economically unproductive oil wells. Applies the credit to domestic crude that is: (1) from stripper well property; (2) heavy oil; or (3) oil recovered through a tertiary recovery method. Fixes the credit at ten percent of the qualified cost (determined in accordance with a formula set forth in this Act) of each barrel produced by the producer during the tax year. Establishes a crude oil and natural gas exploration and development tax credit. Allows a ten percent credit for qualified investments exceeding $1,000,000, 20 percent for those of $1,000,000 or less. Permits the credit as an offset against both minimum tax liability and regular liability. Repeals provisions that identify intangible drilling costs as a tax preference item for purposes of determining alternative minimum tax liability and corporate preference reductions. Allows 50 percent of the marginal production depletion preference (currently the alternative tax energy preference deduction) as a deduction in computing the alternative minimum tax. Increases from 65 to 100 percent the taxable income limitation on the percentage depletion deduction for oil and gas property. Permits a taxpayer to elect to carry forward to the next succeeding taxable year any portion of excess depletion allowances. Permits an income tax credit for investments in qualified clean-burning (natural gas, liquefied petroleum gas, or alcohol) motor vehicle fuel property. Permits a 20 percent credit from 1992 through 2001, phasing out the credit in five percent increments annually thereafter to reach zero percent at the end of 2004. Applies the credit to depreciable property that is: (1) equipment designed either to modify a motor vehicle so that it will be propelled only be a clean-burning fuel or to assist in delivering such fuel into such vehicles; or (2) a motor vehicle propelled by clean-burning fuel. Authorizes the Secretary of the Treasury to make credit-equivalent payments to States and to local governments in connection with qualified property.
United States · United States Congress · 28 January 1991
Authorizes the Secretary of Education to enter into a contract with the National Writing Project (a nonprofit educational organization) to support costs of programs of teacher training and classroom research to improve the teaching of writing and the quality of student writing and learning. Directs the Project to establish a National Advisory Board. Directs the Secretary, through the Office of Educational Research and Improvement, to make grants to individuals and higher education institutions for research on the teaching of writing. Authorizes appropriations for FY 1991 through 1995.
United States · United States Congress · 28 January 1991
Amends the Internal Revenue Code to extend the tax exemption for qualified small issue industrial bonds (bonds issued to finance manufacturing facilities and farm property) through 1996.
United States · United States Congress · 28 January 1991
Persian Gulf War Cost-Sharing Resolution - Requires the President to impose additional duties on the imports of any of the following countries that fails to enter into, by July 1, 1991, or fails to comply with, a Gulf War mandatory cost-sharing agreement with the United States: (1) Japan; (2) Germany; (3) Saudi Arabia; and (4) Kuwait. Requires the President to consult with any other countries about entering into similar agreements if he determines a contribution from such a country is justified. Provides for termination or suspension of such duties and the determination of a country's contribution. Directs the President to submit to the Congress a report containing a description of each agreement. Requires the Congressional Budget Office to: (1) determine, and revise from time to time, U.S. Gulf War costs; and (2) make such determinations and revisions available to the Congress and the executive branch.
United States · United States Congress · 24 January 1991
Radiation Protection Act of 1991 - Amends the Atomic Energy Act of 1954 to affirm State authority to regulate the disposal of certain low-level radioactive waste for which the Nuclear Regulatory Commission does not require disposal in a licensed facility.
United States · United States Congress · 24 January 1991
United Nations Sanctions Enforcement Act - Directs the President to prohibit the importation of a product from a foreign person that has been determinined to have knowingly assisted in the export or transfer of any item to a country that would have been prohibited under U.S. law implementing a United Nations Security Council resolution. Sets forth provisions with respect to the judicial review and waiver of such sanctions. Authorizes the Secretary of State, upon request, to issue advisory opinions on whether a proposed activity would subject the requester to sanctions under this Act.
United States · United States Congress · 22 January 1991
Rape and Incest Victims' Choice Resolution - Expresses the sense of the House of Representatives that Federal Medicaid (title XIX of the Social Security Act) funding should be available for the abortion of pregnancies resulting from rape or incest if such acts, considering the physical and mental state of the women involved, are reported promptly.
United States · United States Congress · 18 January 1991
National Biological Diversity Conservation and Environmental Research Act - States that the conservation of biological diversity is a national priority. Requires Federal actions to be consistent with such goal. Directs the Council on Environmental Quality to: (1) issue regulations to require agencies to assess the impacts of Federal actions on biological diversity in preparing environmental impact statements under the National Environmental Policy Act of 1969; and (2) identify those biotic communities, species, and populations that appear to be in decline, in imminent danger of loss of viability, or otherwise of special concern. Requires Federal agencies to review their programs for consistency with the conservation of biological diversity pursuant to this Act and to report the results of such reviews to the President, the Council, and the Congress. Directs the Administrator of the Environmental Protection Agency, in reviewing environmental impact statements, to take into account the impacts of proposed actions on biological diversity. Establishes an Interagency Working Committee on Biological Diversity to be responsible for developing a coordinated Federal strategy for conservation of biological diversity. Dissolves the Committee after the submission to the Congress of the strategy. Sets forth the required contents of such strategy and reporting requirements. Establishes a National Center for Biological Diversity and Conservation Research within the Smithsonian Institution to: (1) set research priorities; and (2) coordinate the understanding and promotion of knowledge of the biota and make such knowledge accessible to the public. Authorizes appropriations. Requires the Council to retain the National Academy of Sciences to: (1) provide scientific and technical advice and counsel in the preparation of the Federal strategy; and (2) provide a general reference and scientific and technical advisory source for the Nation in matters relating to the conservation of biological diversity.
United States · United States Congress · 18 January 1991
Requires the Director of the Office of Management and Budget to submit to the Congress monthly reports on Department of Defense obligations and expenditures to carry out Operations Desert Shield and Desert Storm and on financial contributions made to the United States by foreign countries in support of each Operation.
United States · United States Congress · 18 January 1991
Amends the Internal Revenue Code to extend the targeted jobs credit permanently. Increases the maximum age requirement for economically disadvantaged youth from 23 to 25.
United States · United States Congress · 18 January 1991
Calls on the Department of Defense to: (1) cease the imposition of military security review panels that could result in unwarranted censorship of the news media; (2) make such military security rules voluntary; and (3) expand news media pool coverage of combat to include as many accredited correspondents as possible and suspend such pool requirements when they are no longer necessary.
United States · United States Congress · 17 January 1991
Repeals a provision of the Omnibus Budget Reconciliation Act of 1990 that imposed certain testing requirements on ability-to-benefit students for purposes of student aid under the Higher Education Act of 1965.
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 · 16 January 1991
Amends Federal law to prohibit the Secretary of the Interior from awarding a contract in National Park System units to a concessioner who is not a U.S. citizen.
United States · United States Congress · 16 January 1991
Directs the Secretary of Defense, upon request, to relieve the following members of the armed forces from performing duty in a region designated as an area of hostile fire or imminent danger: (1) the husband or wife if both are assigned to duty in such region and they have a minor child; and (2) a single parent with a minor child who is assigned to duty in such a region. Directs the Secretary to endeavor to reassign a person relieved of such duty to another assignment which does not require the separation of the member from such minor child. Authorizes the Secretary to delay the date of discharge or retirement of a member so relieved, as appropriate.
United States · United States Congress · 16 January 1991
Adolescent Nutritional Equity Act - Amends the National School Lunch Act to restore eligibility for food supplement benefits under the dependent care food program to adolescent youth 18 years of age or under. Makes children with disabilities eligible for such benefits at any age.
United States · United States Congress · 16 January 1991
Expresses the sense of the Congress that the Secretary of Defense should revise current guidelines relating to news media coverage of activities in the Persian Gulf region to ensure that the news media has timely access to all unclassified information and activities other than information and activities that, if disclosed, would endanger the lives or security of U.S. forces.
United States · United States Congress · 15 January 1991
Emerging Telecommunications Technologies Act of 1991 - Requires the Assistant Secretary of Commerce for Communications and Information and the Chairman of the Federal Communications Commission (FCC) to conduct, at least biannually, joint spectrum planning with respect to: (1) future spectrum requirements for public and private uses and the allocation actions to accommodate those uses; and (2) actions to promote the efficient use of the spectrum. Directs the Secretary of Commerce to submit to the President and the Congress a report identifying bands of frequencies that: (1) are allocated on a primary basis for Federal Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future needs of the Government; (3) can be made available for use under the Act (other than for Government stations); (4) are most likely to have the greatest potential for productive uses; and (5) will not result in excessive costs to the Federal Government. Sets forth criteria for identifying, and recommending for reassignment, such frequencies. Requires the Secretary to submit to the Congress a report which makes a preliminary identification of reallocable bands of frequencies. Directs the Secretary to convene an advisory committee to: (1) review the bands of frequencies identified in the preliminary report; (2) advise the Secretary with respect to the bands of frequencies which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of the process of allocating the electromagnetic spectrum between Federal and non-Federal use. Directs the President, after receiving the final report, to: (1) withdraw the assignment to a Government station of any frequency which such report recommends for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency which such report recommends be reallocated or made available for mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) notify the FCC and each House of Congress of the actions taken. Authorizes the President to substitute alternative frequencies in the interest of national defense, important governmental needs, public health or safety, or Federal financial considerations. Directs the FCC to submit to the President and the Congress a plan for the distribution of the reallocated frequency bands. Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Authorizes appropriations to cover the costs of reclaiming frequencies.
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 · 11 January 1991
Amends the Internal Revenue Code to change from mandatory to discretionary the authority to deny unemployment benefits between academic terms to employees serving educational institutions in nonprofessional positions.
United States · United States Congress · 10 January 1991
Employee Educational Assistance Act of 1991 - Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs. (Under current law the exclusion expires for taxable years beginning after December 31, 1991.)
United States · United States Congress · 7 January 1991
Hunger Emergency Assistance and Relief Trust Act of 1991 - Amends the Internal Revenue Code to allow individuals to designate on their income tax returns a contribution of all or part of their tax refund to the Hunger Emergency Assistance and Relief Trust. Establishes in the Treasury the Hunger Emergency Assistance and Relief Trust (trust fund) to distribute hunger relief funds to qualified nonprofit hunger relief services organizations. Describes standards and procedures for the distribution of trust fund monies. Specifies a number of restrictions with respect to the activities of recipient organizations, including limitations on administrative expenses. Requires the Hunger Commission to submit to specified congressional committees an annual report detailing trust fund expenditures. Establishes a Hunger Commission to administer the distribution of funds to qualified hunger relief services organizations on a matching grant basis. Permits a maximum award of $100,000 to any single qualified organization in any fiscal year. Requires that: (1) at least 50 percent of amounts received into the trust fund in any year be paid to qualified organizations; and (2) monies in the trust fund be distributed within 180 days of their receipt. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Telecommunications Equipment Manufacturing Stimulation Act of 1991 - Prohibits a Bell operating company from selling or leasing in interstate commerce any telecommunications or customer premises equipment manufactured by any Bell operating company, unless such equipment was manufactured in the United States. Requires the Secretary of Commerce to: (1) be responsible for the enforcement of this Act; (2) prescribe regulations to prevent shortages of telecommunications equipment; and (3) submit annual reports to certain congressional committees on the state of the Nation's domestic telecommunications equipment manufacturing industry. Authorizes the Secretary to bring a civil action to enforce this Act. Requires the Federal Communications Commission, in determining whether any charge, practice, classification, or regulation of any common carrier is reasonable, to exclude from the cost of providing the service in question the costs of procurement of any telecommunications equipment or customer premises equipment not manufactured in the United States.
United States · United States Congress · 3 January 1991
Financial Incentives Going to Help Towns Fighting Drugs Act - Amends the Internal Revenue Code to allow taxpayers to designate that one dollar of their tax liability be paid to the Local Anti-Drug Program Trust Fund. Establishes such Fund for grants to counties for: (1) law enforcement activities regarding drug-related crimes; (2) education, prevention, treatment, and rehabilitation programs regarding drug abuse; and (3) grants to units of general local government.
United States · United States Congress · 3 January 1991
Congressional Recycling Act of 1991 - Requires the Clerk of the House of Representatives and the Secretary of the Senate to purchase recycled paper and paper products for use to the greatest extent practicable in the operations of the House and the Senate. Directs the Public Printer to assure that the Government Printing Office uses recycled paper in providing services to the House. Directs the Clerk of the House and the Secretary of the Senate to determine the price or range of prices to be considered unreasonable for purposes of this Act.
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
Recyclable Materials Technology and Markets Development Act - Directs the Secretary of Commerce to: (1) conduct a study of markets for postconsumer materials (defined as materials that have served their intended end-use by an entity other than an industrial establishment); and (2) establish an Office of Recycling Research and Information in the Department of Commerce. Requires the Director of Recycling Research and Information to: (1) make grants for studies and scientific research relating to recycling of postconsumer materials; and (2) conduct a public outreach program to provide information to secondary school students, State and local governments, and the general public. Requires each manufacturer of a recyclable product to recycle, or provide for the recycling of, increasing minimum percentages of the products manufactured during specified years. Directs the Secretary to designate a product as recyclable if it may feasibly be recycled, as determined by the Secretary. Prohibits manufacturing a product for which the prescribed recycling rate was not met for the preceding year. Provides for civil fines for violating the prohibition. Prohibits manufacturing a nonrecyclable product if a recyclable substitute is readily available. Directs the Secretary to designate a product as nonrecyclable if it is not technically or economically feasible to be recycled. Authorizes the Secretary to require nonrecyclable products to be so labeled. Provides for civil fines for violating the prohibition. Provides for recycling seals of approval for recyclable products and for products containing a certain percentage of recycled postconsumer materials.
United States · United States Congress · 3 January 1991
National Oil Security Act of 1991 - Directs the President to establish a national oil import ceiling level beyond which foreign crude and oil product imports as a share of U.S. oil consumption shall not rise. Prohibits such ceiling level from exceeding 50 percent of U.S. crude and oil product consumption for any annual period. Requires the President to: (1) annually submit projections to the Congress regarding anticipated U.S. oil production, demand, and imports for the subsequent three years; (2) certify whether imports of crude oil and oil products will exceed domestic production; and (3) submit an Energy Production and Oil Security Policy to the Congress to prevent foreign oil dependence from exceeding the national oil import ceiling for any year in which foreign oil imports are projected to exceed such amount. Grants the Congress ten continuous session days to review such oil projections and to determine whether the ceiling level will be violated within three years. Authorizes the President's energy plan to include: (1) an oil import fee; (2) energy conservation actions; (3) expansion of the Strategic Petroleum Reserves; and (4) production incentives for domestic oil and gas.
United States · United States Congress · 3 January 1991
Diversity in Media Act of 1991 - Amends the Communications Act of 1934 to require holders of mass communications licenses to submit to the Federal Communications Commission an annual report describing the proportion of the ownership and control of such holder that is held by minorities and women. Requires the Commission, in a hearing on two or more mutually exclusive license applications: (1) to determine if an applicant is entitled to prevail, primarily, on the basis of increasing diversification of media ownership or, secondarily, on the extent to which the ownership and management are functionally integrated; and (2) if an applicant is not so entitled to prevail, to determine which applicant will best promote the public interest based on such factors. Requires the Commission, in evaluating applicants, to award a demerit based on ownership of other media and enhancement credits based on the extent to which the applicant is owned or controlled by minorities or women, past local residence and participation in civic affairs, and previous broadcast or other business experience transferable to broadcasting. Amends the definition of "media of mass communications" for purposes of random selection provisions to include instructional television fixed service, operational fixed and fixed satellite services, and other services without regard to whether the services are distributed for a fee or the reception system is individually addressed. Defines "system of random selection" to include any system that uses chance to select one applicant from a group of qualified applicants. Requires the Commission, when using selection criteria with a random system to select among mutually exclusive applicants for licenses, to grant a significant preference or enhancement to any applicant owned or controlled by members of a minority group or women. Requires the Commission to issue a tax certificate for assignment of a license or transfer of control of a corporate licensee for a broadcast, common carrier, private radio, or other telecommunications facility to an assignee or transferee owned or controlled by members of a minority or women if such action is consistent with increasing the participation of minorities and women as employees or owners of telecommunications facilities. Requires the Commission to allow a licensee holding a license designated for a revocation hearing or a license renewal application hearing to transfer the license to an eligible applicant owned or controlled by members of a minority or by women if there has been no final ruling by the Commission and if the amount to be paid by the transferee does not exceed a specified percentage of the fair market value of the license. Prohibits discrimination in employment by: (1) licensees of commercially operated or public broadcast stations; (2) commercially operated and public broadcast station networks; (3) common carriers; (4) satellite operators; and (5) the headquarters operations of any of these entities. Requires any such entity with five or more employees to establish a program to ensure equal opportunity in every aspect of its employment policy. Requires the Commission to prescribe rules specifying program requirements. Requires the filing with the Commission of an equal employment opportunity program by applicants for a construction permit, assignment of a license, transfer of control, or renewal of any license. Provides an exemption from such requirement: (1) for applicants with fewer than five full-time employees; and (2) with respect to any minority group representing less than one percent of the population recruitment area. Requires entities covered by this Act to file with the Commission annual statistical reports identifying by race and sex the number of employees in specified job categories. Requires the Commission to include in its report to the Congress information on the participation of women and minorities as employees and owners of telecommunications facilities. Requires the Commission, when determining criteria for applications for new licenses for media of mass communications, to include provisions that will increase the diversity of the ownership among the new licenses granted. Requires the Commission, when specifying application acceptance requirements for AM clear-channel stations, to accept all technically qualified applications owned or controlled by members of a minority or by women.
United States · United States Congress · 3 January 1991
Local Network Quality Standards Act of 1990 - Directs the Federal Communications Commission to establish a joint board to recommend standards to maintain and enhance the quality of telephone exchange service by local carriers to be enforced by the Commission and State commissions. Requires the joint board to: (1) direct local carriers to submit to the Commission and State commissions quarterly uniform data reports regarding compliance with such standards; (2) recommend periodic independent audits of local exchange carrier compliance; and (3) recommend penalties to ensure compliance.
United States · United States Congress · 3 January 1991
Dolphin Protection and Fair Fishing Act of 1991 - Amends the Marine Mammal Protection Act of 1972 to prohibit, with regard to fishing for yellowfin tuna, promulgation of regulations or issuance of permits allowing the intentional setting of purse seine nets on marine mammals. Revokes previously issued permits. Mandates observers on tuna fishing vessels in the eastern tropical Pacific Ocean to ensure that the taking of any marine mammal is reported to the Secretary of the department in which the National Oceanic and Atmospheric Administrtion is operating. Modifies requirements regarding: (1) the level of incidental taking of marine mammals by countries exporting to the United States and by U.S. vessels; and (2) the total take of dolphins in specified years. Authorizes appropriations for research and development of alternative tuna fishing methods and technologies that do not involve intentional encirclement of dolphins or other intentional takings of marine mammals.
United States · United States Congress · 3 January 1991
Independent Defense Procurement Corps Act of 1991 - Title I: Independent Defense Procurement Corps - Establishes as an independent agency in the executive branch the Independent Defense Procurement Corps. Requires the Director of the Corps to establish a personnel system for civilian personnel within the Corps. Allows current members of the armed forces to fill the initial staff requirements of the Corps for no longer than five years after enactment of this Act, unless certain conditions have been met. Requires the Corps to carry out all procurement functions of the Department of Defense (DOD). Requires the Corps to: (1) operate as the sole negotiator between the private sector and DOD in defense procurement business; (2) seek and receive evaluations and advice from specified officials within DOD about the need and justification for property and services; and (3) carry out functions and relevant acquisition regulations of DOD relating to the research, development, and production of property and services. Requires the Secretary of Defense to be the chief liaison between DOD and the Corps for purposes of communicating the views of DOD, including the military departments and defense agencies, on acquisition matters. Prohibits a person from serving as Director if such person has been employed by a defense contractor or the Corps, has served on active duty with the armed forces, or has been a consultant to DOD during the three-year period before being nominated as Director. Prohibits a former Director from accepting compensation for a period of five years after leaving office from any person under contract with DOD or the Corps during the period in which such person served as Director. Provides similar three-year limitations for staff members of the Corps. Requires the Director to submit to the President, the Congress, and the Secretary of Defense annual reports on the activities of the Corps. Terminates the position of Under Secretary of Defense for Acquisition. Transfers to the Director all procurement functions from various offices within the departments and agencies of DOD. Title II: Inspector General for Defense Procurement - Establishes the Office of the Inspector General for Defense Procurement as an independent office in the executive branch. Requires the Inspector General to appoint: (1) an Assistant Inspector General for Auditing who shall be responsible for auditing the programs and operations of the Corps; and (2) an Assistant Inspector General for Investigations who shall be responsible for supervising the performance of investigative activities relating to such programs and operations. Prohibits a person from serving as Inspector General if such person has been employed by, or has been a consultant to, a person under contract with DOD or the Corps, has served on active duty as an officer in the armed forces, or has been a consultant to DOD during the five-year period ending on the date on which the person is nominated to be Inspector General. Prohibits a former Inspector General from accepting compensation for five years after serving in such position from any person under contract with DOD or the Corps during the period in which the person served as Inspector General. Provides similar three-year limitations for employees of the Office. Prohibits any member of the armed forces, active or reserve, from being appointed to the Office under this Act.
United States · United States Congress · 3 January 1991
Troubled Defense Programs Accountability Act - Prohibits funds appropriated for a major defense procurement system from being released to the Secretary of the military department concerned until the Under Secretary of Defense for Acquisition finds, and the Comptroller of the Department of Defense concurs, that the system meets established requirements and criteria (in terms of cost, schedule, technical specifications, and testing). Authorizes the Comptroller to release funds for a system to the extent necessary to enable the system to meet such requirements and criteria. Requires the Secretary of each military department, at the beginning of each fiscal year, to establish a funding schedule (expressed as projected costs for meeting requirements and criteria) for each system. Directs each Secretary to maintain and update such schedules to reflect changes in requirements, criteria, and projected costs. Requires the Comptroller to review such schedules.
United States · United States Congress · 3 January 1991
Desert Shield Burden-Sharing Act of 1991 - Directs the President to determine whether each foreign country that receives trade benefits from the United States is making a commensurate contribution to the multinational military mobilization carried out in response to the Iraqi invasion of Kuwait. Requires the President to impose an additional duty to dutiable products and a duty to duty-free products of countries that are found not to be contributing to the mobilization. Provides for the termination of such duties. Establishes the Desert Shield Reimbursement Fund to receive duties collected under this Act. Makes the Fund available solely to reimburse appropriations made to support U.S. participation in the mobilization.
United States · United States Congress · 3 January 1991
Repeals provisions of the Tax Reform Act of 1986 that restrict the types of scholarships and fellowship grants that may be excluded from gross income for income tax purposes. Amends the Internal Revenue Code to allow an income tax deduction for interest on a qualified educational loan incurred to pay the educational expenses of the taxpayer, spouse, or dependent. Eliminates the current requirement that such indebtedness be secured by an interest in real property.
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - Title I: Compensation Rate Increases - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death. Title II: Miscellaneous Program Amendments - Authorizes the Secretary to accept gifts, devises, and bequests which enhance the Secretary's ability to provide services and benefits. Allows the payment of parents dependency and indemnity compensation less frequently than monthly if the amount of the annual benefit is less than four percent of the maximum annual rate payable. Prohibits a readjustment in the rating schedule from causing a veteran's compensation amount to be reduced unless an improvement in the veteran's disability is shown to have occurred. Makes the presumptive period (the period after service in a radiation-risk activity during which a disease must become manifest in order to be considered service-connected and, therefore, compensable as disability compensation) for leukemia 40 years (currently, 30). Creates a 40-year presumptive period for members of the reserves who were exposed to atmospheric detonation of a nuclear device during active duty or inactive duty for training and who contract specified diseases or illnesses within such period. States as an exception the disease of leukemia, which is given a 30-year manifestation period in such reserve members. Increases the amount of Veterans' Mortgage Life Insurance available to a veteran owning a home to the lesser of $90,000 or the amount of the loan outstanding on the home. (Currently, the amount is the lesser of $40,000 or such amount.) Increases from one to two years the required time after discharge or release permitted to qualify for National Service Life Insurance (for service-disabled veterans). Title III: Agent Orange - Veterans Agent Orange Exposure and Vietnam Service Benefits Act of 1991 - Provides that the disease of chloracne in Vietnam veterans shall be considered to have been service-connected if such disease became manifest to a ten percent or more degree of disability within one year after the last date on which the veteran performed such service in Vietnam. Presumes the following diseases to be service-connected for veterans who performed active service in Vietnam during the Vietnam era, notwithstanding that there is no record of evidence of such disease during the period of such service: (1) non-Hodgkins lymphoma; (2) soft-tissue sarcoma; and (3) melanoma and basal cell carcinoma. Provides a presumption of service-connection in the case of a Vietnam veteran suffering from a disease associated with effects of exposure to certain dioxins or other herbicide agents during such service in Vietnam. Directs the Secretary to prescribe regulations listing a positive association between any disease and the biological effects of exposure to an herbicide agent in Vietnam. Requires the Secretary to update such list continually. Requires the Secretary, in prescribing and revising such list, to obtain by contract the determinations and estimates of a contract scientific organization. Requires such organization to: (1) determine which diseases have any degree of association with the biological effects of exposure to an herbicide agent; and (2) estimate the extent of association between each such disease and each such biological effect. Requires the organization to determine such association specifically with respect to non-Hodgkins lymphoma, each soft-tissue sarcoma, lung cancer, and each other cancer. Outlines contract provisions required in such agreements between the Secretary and the scientific organization, including surveys, evaluations, and periodic determinations. Requires such scientific organization to provide reports to the Secretary and the Senate and House Veterans' Affairs Committees regarding its determinations and evaluations. Requires such organization to determine, in the case of a positive association, whether there is a reasonable basis for concluding that a Vietnam veteran with the highest level of exposure to that herbicide agent in Vietnam was exposed to such agent under the circumstances necessary for such biological effects. Requires a report from the organization to the Secretary and the veterans' committees when there is no such reasonable basis found. Requires the Secretary to make certain determinations and follow-up reports after receiving such reports from the contract scientific organization, including the issuance of a report to the veterans' committees and the promulgation of positive association regulations if necessary. Requires benefits to be continued even though a disease is removed from the regulations listing diseases having positive associations. Terminates such provisions ten years after the first day of the fiscal year in which a scientific organization transmits its first report to the Secretary. Provides special effective dates. Directs the Secretary to compile and analyze all clinical data that: (1) is obtained by the Department in connection with examinations and treatment of veterans for disabilities related to exposure to certain herbicides or to service in Vietnam; and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of such veterans and their exposure to such herbicides and other toxic substances. Requires the Secretary to submit an annual report to the veterans' committees concerning such analysis and its results. Directs the Secretary to consult with the Director of the National Institutes of Health Research and Grants Division (NIH) before compiling and analyzing such information. Requires the Director of NIH to review each annual report submitted by the Secretary and transmit to the Secretary an evaluation of the contents of each report. Directs the Secretary to establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active service in Vietnam during the Vietnam era. Outlines provisions concerning the security and authorized uses of such specimens, as well as limitations on the acceptance of such samples. Requires the Secretary to consult with the National Academy of Sciences (NAS) to the extent that an agreement has been reached with the NAS serving as the contract scientific organization for the Secretary. Requires the Secretary to consult with the Director of the Medical Follow-up Agency in the event of no agreement with NAS. Directs the Secretary to establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on health hazards resulting from: (1) exposure to dioxin; (2) exposure to other toxic agents in herbicides used in support of U.S. and allied military operations in Vietnam during the Vietnam era; and (3) active military, naval, or air service there. Requires the Secretary to report to the veterans' committees on the results of such studies. Requires the Secretary to consult with the NAS before undertaking such studies and requires the NAS to review such studies and report recommendations to the Secretary and the veterans' committees to the extent provided under any agreement between the Secretary and NAS. Amends the Veterans' Benefits Improvement Act of 1988 to require the Secretary to annually furnish updated information to veterans listed in the Department of Veterans Affairs' Agent Orange Registry on health risks resulting from exposure to dioxin or other toxic agents in herbicide as a result of service in Vietnam during the Vietnam era. Directs the Secretary of Health and Human Services to report to the veterans' committees on the research being conducted to develop treatments for psychological absorption of dioxin and other toxic agents used in herbicides by the United States in Vietnam, including research relating to exposure to dioxin and other toxic agents outside Vietnam. Extends through December 31, 2000, the eligibility for hospital and nursing home care for veterans exposed to toxic substances in Vietnam. Amends the Veterans' Benefits Improvement Act of 1988 to authorize direct consultation between the Ranch Hand Advisory Committee and Department of the Air Force scientists conducting the Ranch Hand Study (a study of the long-term health effects of exposure to phenoxy herbicides and contaminants). Requires the preparation and submission of annual reports and a final report in connection with such study.
United States · United States Congress · 3 January 1991
Merchant Mariners Fairness Act of 1991 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Defines "qualified service." Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee of a specified amount for any benefit application for such qualified service. Amends the Merchant Marine Act, 1936 to add references to components or ingredients of equipment, materials, or commodities in certain cargo preference provisions.
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
Drug Testing Quality Act - Amends the Public Health Service Act to establish a program for the certification of laboratories for the performance of toxicological urinalysis for drug testing programs. Requires the program, as much as practicable, to conform to specified mandatory guidelines for Federal workplace drug testing programs published by the Department of Health and Human Services (HHS guidelines). Mandates regulations to ensure the integrity of drug testing programs. Requires the regulations to conform, as much as practicable, to the HHS guidelines. Provides for the inclusion of additional drugs and classes of drugs for which test methods and cutoff levels are provided. Requires taking into consideration any special factors applicable to amateur athletics. Sets forth specimen collection procedures. Prohibits performing urinalysis for drug testing without certification. Provides for criminal penalties, administrative remedies, injunctions, and certain civil actions. Supersedes less stringent statutes, rules, regulations, orders, and laws. Preempts State or local requirements regarding drug testing laboratory certification or the conduct of testing programs. Requires fees for certification and recertification to cover costs.
United States · United States Congress · 3 January 1991
Professional and Amateur Sports Protection Act - Prohibits a State from sponsoring, operating, advertising, authorizing, licensing, or promoting any lottery, sweepstake, or other betting, gambling, or wagering scheme based, directly or indirectly, on any game or games engaged in or conducted or scheduled by any professional or amateur sports organization, or on any performance or performance in such games.