United States · United States Congress · 31 January 1991
Allows coverage under the Federal employee health insurance program of an unmarried dependent child between 22 and 23 years of age who is a student regularly pursuing a full-time course of study or training in residence in a junior college, college, university, or comparable recognized educational institution.
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
Chance to Go to College Act - Establishes a program to guarantee certain students from selected high schools with high proportions of disadvantaged students a chance to go to college, through early intervention support programs and additional postsecondary student financial assistance. Makes a high school eligible to apply for program participation if it is located in a school district with more than 75 percent of its total enrollment composed of children counted as disadvantaged for purposes of chapter 1 title I of the Elementary and Secondary Education Act of 1965 (ESEA), and if it demonstrates: (1) parental involvement potential; (2) tutoring and supplemental instruction in an academic component; (3) role model relationships or other support group interactions; (4) guidance for selection of college preparatory courses before the start of ninth grade; and (5) assistance with college application processes. Directs the Secretary of Education (the Secretary) to: (1) give special consideration to schools demonstrating private individual or corporate support or current involvement with Upward Bound or specified other special programs for students from disadvantaged backgrounds (TRIO programs) under the Higher Education Act of 1965 (HEA); and (2) select for program participation, from eligible applicants, 50 high schools representing a broad base of both urban and rural sites. Directs the Secretary to provide financial assistance to such selected high schools to offset their administrative costs of program participation from five percent of program funding. Makes individuals eligible to receive scholarships under the program if they: (1) were a ninth grade student during academic year 1992-1993 in a selected school; (2) are enrolled or accepted at an institution of higher education; and (3) qualify for Pell Grant under HEA to attend such institution. Sets a four-year total maximum and yearly maximum amounts on such individual scholarships. Provides that such scholarship aid shall not be reduced by reason of the individual's receipt of other forms of Federal financial assistance, unless the total of such scholarship and other assistance exceeds the cost of attendance in which case the other assistance must be reduced appropriately. Provides for equitable reduction of scholarship amounts in case of insufficient funding. Directs the Comptroller General to undertake a study to: (1) determine what types of schools have benefitted from such program; (2) evaluate the program's impact on student graduation and matriculation from the selected high schools; and (3) if the study demonstrates significant results, determine what, if any, authorization increases and adjustments should be made to Pell Grants and TRIO programs under HEA and chapter 1 title I programs under ESEA to replicate such results nationwide. Authorizes appropriations in a specified amount to carry out this Act, to remain available for FY 1992 through 2001.
United States · United States Congress · 30 January 1991
Drug Rehabilitation and Recovery Program for Prisons Act - Amends the Public Health Service Act to create a new part, to be cited as the Drug Rehabilitation and Recovery Program for Prisons Act, directing the Attorney General, in consultation with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, to establish a comprehensive drug treatment program in Federal prisons. Authorizes appropriations. Directs the Secretary to award grants to States to establish drug treatment programs in State prisons and for juvenile criminal offenders. Requires a State, as a part of its application for such a grant, to submit plans for establishing such programs. Authorizes the Secretary to award grants to enable plan preparation. Allows the Director to award a grant under these provisions to a State without an application and plan if the State has begun implementing a plan for demonstration prison or juvenile criminal offenders drug treatment programs under specified provisions of the Omnibus Crime Control and Safe Streets Act of 1968. Authorizes appropriations. Prohibits the Attorney General and the appropriate State law enforcement official from permitting the early release of inmates convicted of drug offenses unless the inmates have successfully completed a program of treatment or after care under this Act. Sets forth early release requirements.
United States · United States Congress · 30 January 1991
Biomedical and Behavioral Facilities Construction Act of 1990 - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH), through the Director of Research Resources (Director), to award grants to public or nonprofit private institutions, under provisions relating to biomedical and behavioral research facilities, to expand, remodel, renovate, or alter existing research facilities or construct new research facilities. Establishes in the Division of Research Resources of the NIH a Technical Review Board on Biomedical and Behavioral Research Facilities to: (1) advise the Director and the Advisory Council (established under existing law) on matters concerning the construction of facilities; and (2) conduct the peer review of applications under this title. Sets forth requirements for application and selection of grants. Limits the amount of any grant to 50 percent of the cost of construction or, in the case of a multipurpose facility, 50 percent of the cost of construction proportionate to the contemplated use. Allows the Director to waive these limitations for institutions of emerging excellence in biomedical or behavioral research. Provides for recapture of payments in certain circumstances for 20 years after completion of construction. Requires the Director to prescribe regulations with respect to the grants. Requires the Director to mandate peer review of applications for grants under these provisions in accordance with existing peer review provisions. Authorizes appropriations.
United States · United States Congress · 29 January 1991
Expresses the sense of the Congress that Federal agencies should not engage in activities that threaten the civil liberties of U.S. citizens, or legal residents, of Arab descent. Urges the Federal Bureau of Investigation to: (1) inform Federal, State, and local law enforcement agencies that Arab Americans are potential victims of, and should be protected from, hate crimes and related discrimination; and (2) encourage such law enforcement agencies to work with community leaders to report such crimes and discrimination.
United States · United States Congress · 28 January 1991
Credit Reporting Reform Act of 1991 - Amends the Fair Credit Reporting Act (FCRA) to replace provisions applying certain disclosure requirements to events occurring after the effective date of that Act with provisions: (1) specifying disclosures required to be made at the beginning of certain credit transactions; and (2) requiring certain notice that information with respect to a consumer has been reported. Requires every consumer reporting agency to disclose to the consumer all information (currently, the nature and substance of all information, except medical information) in its files on the consumer. Prohibits a consumer reporting agency from imposing any charge or fee on any consumer for any disclosure under specified provisions. Requires certain notice to a consumer whenever any person takes any action which is adverse to the consumer and based on the information in a consumer report. (Current law requires notice, different in content, when credit or insurance is denied, or provided at an increased charge, or when employment is denied.) Amends provisions limiting the permissible purposes of consumer reports to allow a report in connection with a business transaction initiated by (currently, involving) the consumer. Prohibits a reporting agency from using consumer information for any purpose, including marketing plans or mailing lists, other than those allowed by such provisions. Prohibits a user of a consumer report from requiring or permitting the consumer to authorize the user to obtain information on the consumer after the end of the transaction or the termination of the credit relationship. Changes the definition of "consumer report" to mean factual information on any consumer's payment records and accurate legal and financial information directly relating to the consumer. Sets forth graduated periods of obsolescence for information relating to late or overdue payments. Removes from provisions prohibiting the reporting of obsolete information the exceptions of credit transactions involving over a specified amount and employment involving an annual salary over a specified amount. Requires a reporting agency to reinvestigate and record the current status of information within 30 days (currently, within a reasonable period) after a consumer notifies the agency of a dispute. Changes requirements regarding notification by an agency after deletion of disputed information. Requires the Federal Trade Commission to conduct a study on consumer reporting agency procedures which maximize accuracy. Provides for civil monetary penalties for violation of the FCRA. Requires each consumer reporting agency and each person who furnishes any information on any consumer to any such agency to register with the Federal Trade Commission or other specified Federal agencies. Adds persons who furnish information to a consumer reporting agency to provisions relating to civil liability for willful or negligent noncompliance with the FCRA.
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
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 · 28 January 1991
Expresses the sense of the Congress that the President should submit to the Congress a proposed National Energy Policy Plan by a specified deadline. Cites possible national energy goals which the President should consider when establishing national energy objectives and strategies.
United States · United States Congress · 24 January 1991
Requires the Secretaries of Defense and Veterans Affairs to each submit semiannual reports to the Congress concerning rehabilitative services available to members of the armed forces participating in the Persian Gulf conflict who experience post-traumatic stress disorder.
United States · United States Congress · 23 January 1991
Motor Vehicle Fuel Conservation Act of 1991 - Amends the Motor Vehicle Information and Cost Savings Act to establish average fuel economy standards for passenger automobiles and automobiles other than passenger automobiles (light trucks) for model years 1996 and thereafter. Authorizes the Secretary of Transportation (Secretary), to modify such standards for model year 1996 and thereafter. Directs the Secretary, in response to petitions filed at least 12 months in advance of the model year, to conduct a rulemaking proceeding to determine whether to increase or decrease such standard to a level that is the maximum feasible average fuel economy for that model year, except that such standard shall not be reduced below a level equal to the average fuel economy achieved by the manufacturer of such vehicle for model year 1988, as multiplied by a specified percentage. Requires the Administrator of the Environmental Protection Agency to report annually to specified congressional committees on a study which: (1) examines the accuracy of fuel economy testing of passenger automobiles and light trucks; and (2) assesses the extent to which fuel economy deteriorates during the lifetime of such vehicles. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and additional numbers if requested. Requires the Secretary to provide for a review and report to the Congress by the National Academy of Sciences of the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the potential for improving the fuel efficiency and reducing the energy consumption of passenger automobiles and light trucks. Requires the Secretary of Energy to study and report to the Congress on the future options for regulating the fuel efficiency of such vehicles beyond 2001. Provides for the judicial review of average fuel economy standards (including modifications) established under this Act. Doubles the civil penalty for repeated violations of the fuel economy standard. Requires such penalty to be adjusted for inflation.
United States · United States Congress · 18 January 1991
Amends Federal law to declare that the Tax Reform Act of 1986 shall be applied and administered as if the three-year basis recovery rule applicable to government employees' annuities had not been repealed.
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 · 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 · 11 January 1991
Public Rangelands Fee Act of 1991 - Sets forth a formula, beginning with grazing year 1991, for determining fees for domestic livestock grazing on public rangelands.
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
Allows payments under the Civilian Health and Medical Program of the Uniformed Services for certain health care expenses incurred by members and former members of the uniformed services (and their dependents) who are entitled to retired or retainer pay and who are otherwise ineligible for such payments by reason of their entitlement to benefits under title XVIII (Medicare) of the Social Security Act because of a disability.
United States · United States Congress · 3 January 1991
Prohibits certain practices regarding enclosure space and diet in the raising of calves for veal. Subjects violators to specified civil and criminal remedies. Authorizes inspections by the Secretary of Agriculture or any designated representative.
United States · United States Congress · 3 January 1991
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 3 January 1991
Act for Micro-Enterprise - Amends the Social Security Act to exclude from income for purposes of the Aid to Families with Dependent Children (AFDC) and Supplemental Security Income (SSI) programs business assets received primarily for micro-enterprise business purposes. Extends public assistance benefits (including AFDC, SSI, Medicaid, and Medicare) for persons with income from or resources in a micro-enterprise (any commercial enterprise with five or fewer employees, one or more of whom own the enterprise). Amends the Internal Revenue Code to make eligible for unemployment compensation an individual who starts a micro-enterprise. Amends the Housing and Community Development Act of 1974 to make financial assistance available under the Community Development Block Grant and Urban Development Action Grant programs to lending institutions and public and private organizations to provide loans, counseling, and training for micro-enterprises. Amends the Small Business Act to urge that when implementing business loan programs the Administrator of the Small Business Administration consider the needs of micro-enterprises, and the institutions which offer them credit or services. Amends the Home Owners' Loan Act to treat savings association loans to micro-enterprises as qualified thrift investments. Mandates that each Federal banking agency establish a Micro-Enteprise Technical and Operations Office (Me-Too) to promote micro-enterprises through technical assistance, outreach, and training.
United States · United States Congress · 3 January 1991
Telephone Consumer Assistance Act - Directs the Federal Communications Commission (FCC) to establish a system to regulate audiotext services to protect consumers. Prohibits interstate telecommunications carriers from carrying audiotext services that fail to include: (1) specified disclosure messages describing the service, cost, and option to hang up; (2) a requirement that any bypass mechanism allowing frequent callers to avoid listening to the disclosure message be disabled after any significant price change; (3) equipment that stops the assessment of charges upon disconnection, automatically disconnects after one cycle of the program, and automatically disconnects interactive programs if no activity occurs within a specified time period; and (4) arrangements with local exchange carriers to prohibit disconnection of telephone service because of nonpayment of audiotext charges. Requires such carriers to: (1) grant callers the option to avoid audiotext charges caused by unauthorized use or misunderstanding of the charges applied; (2) offer callers the option of blocking access to audiotext services; (3) include a signal alerting callers to the passage of time; (4) establish a toll-free telephone number to answer questions and provide information on callers' rights and obligations with respect to such services and to provide the names and addresses of audiotext providers for which such callers have been customers; (5) include a specified disclosure statement to telephone subscribers; (6) state the charges for audiotext services in a separate section of the bill; (7) notify the appropriate State regulatory commission of the intent to provide audiotext services in the State and make available all audiotext access numbers; and (8) obtain from audiotext providers that solicit charitable contributions proof of the tax-exempt status of the person or organization for which such contributions are solicited. Sets forth requirements concerning advertising for audiotext services. Directs the Secretary of Commerce, through the National Telecommunications and Information Administration, to study the use by audiotext providers of technologies that permit the identification of callers' telephone numbers to generate, compile, and sell or lease lists of such numbers. Requires the Secretary to report the results of such study to the FCC and the Congress, together with any recommendations to prevent abuses in the use of such technologies.
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
Prevention, Identification, and Treatment of Elder Abuse Act of 1991 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Save the Children Act - Authorizes the Secretary of Education to make grants, to local educational agencies in areas where the dropout rate for high school students is 20 percent or more, to pay 90 percent of costs of programs of daily after-school activities for at-risk students in the fourth through eighth grades. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Refuge Wildlife Protection Act of 1991 - Amends the National Wildlife Refuge System Administration Act to require that any wildlife management or other activity which affects wildlife in any area of the System be conducted in the most humane manner possible. Permits the Secretary of the Interior to authorize any killing of a member of a wildlife species within any area of the System, based upon evidence that such killing is necessary for the health and habitat of wildlife species within the area, to protect public health and safety, and that non-lethal management alternatives are not available. Requires the Secretary to provide the scientific information upon which the authorization is based as well as details such as the numbers to be killed. Authorizes public hearings on such decisions unless an emergency exists. Authorizes the Secretary to contract out such killing. Authorizes the Secretary to donate the carcass to a charitable organization for a charitable purpose.
United States · United States Congress · 3 January 1991
Dolphin Protection and Fair Fishing Act of 1991 - Amends the Marine Mammal Protection Act of 1972 to prohibit, with regard to fishing for yellowfin tuna, promulgation of regulations or issuance of permits allowing the intentional setting of purse seine nets on marine mammals. Revokes previously issued permits. Mandates observers on tuna fishing vessels in the eastern tropical Pacific Ocean to ensure that the taking of any marine mammal is reported to the Secretary of the department in which the National Oceanic and Atmospheric Administrtion is operating. Modifies requirements regarding: (1) the level of incidental taking of marine mammals by countries exporting to the United States and by U.S. vessels; and (2) the total take of dolphins in specified years. Authorizes appropriations for research and development of alternative tuna fishing methods and technologies that do not involve intentional encirclement of dolphins or other intentional takings of marine mammals.
United States · United States Congress · 3 January 1991
Enterprise Zone Tax Incentives Act of 1991 - Declares it to be the purpose of this Act to establish a demonstration program of providing incentives for the creation of tax enterprise zones in order to: (1) revitalize economically and physically distressed areas; (2) promote meaningful employment for zone residents; and (3) encourage individuals to reside in the zones in which they are employed. Title I: Designation and Tax Incentives - Amends the Internal Revenue Code to provide for the designation of tax enterprise zones by the Secretary of Housing and Urban Development during calendar years 1992 through 1995. Sets forth eligibility criteria for rural areas. Sets forth the eligibility criteria for such designation, including: (1) a population of not less than 4,000; (2) pervasive poverty, unemployment, and general distress; (3) a high unemployment rate; and (4) a required course of action designed to reduce the various burdens borne by employers or employees in the area. Provides that a course of action under private entities may not be federally funded and may include: (1) a reduction of tax rates or fees; (2) an increase in public services; (3) a reduction in government paperwork requirements; (4) business community commitments to provide jobs and job training; (5) special preference to minority contractors; (6) gifts of land for the operation of neighborhood businesses; (7) pooled health insurance; (8) loans by local financial institutions for business start-ups; and (9) special preference to low-income housing projects and private activity bonds. Allows an enterprise zone employment credit to small employers as a general business credit of ten percent of the qualified zone wages paid plus qualified zone employee health insurance costs. Allows such credit for the first five years of the employee's employment. Makes the rehabilitation credit available for buildings in the tax enterprise zone that are at least 30 years old. Allows a 60-month amortization period (in lieu of depreciation) for child care facilities. Allows the deferral of capital gain for ten years if the gain is reinvested in tax enterprise zone property. Limits the dollar amount of deferred gain. Declares that loss on any qualified zone corporate investment shall be treated as an ordinary loss. Sets forth limitations on the aggregate amounts of zone incentives to be allocated by the governmental official responsible for making such allocations in the tax enterprise zone. Allows for purposes of the low-income housing credit any parts of low-income rental buildings that are used for child care centers for children of zone residents to be included in the basis for such credit. Title II: Establishment of Foreign-Trade Zones in Tax Enterprise Zones - Requires enterprise zones to receive priority in the designation of foreign trade zones. Title III: Studies - Requires the Secretary of the Treasury and the Comptroller General each to report to the House Committee on Ways and Means and the Senate Committee on Finance on the effectiveness of the incentives provided by this Act in achieving its purposes.
United States · United States Congress · 3 January 1991
Enterprise Zone Jobs-Creation Act of 1991 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
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
Amends the Federal criminal code to establish penalties, in addition to the punishment otherwise provided for a crime, for the commission of a felony crime of violence in or for any criminal street gang. Specifies that any term of imprisonment imposed under this Act shall not run concurrently with any term imposed for the underlying crime.
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
Comprehensive Health Care for All Americans Act (Claude Pepper Comprehensive Health Care Act) - Division A: Comprehensive Health Care Act - Comprehensive Health Care Act - Title I: Universal Eligibility and Enrollment - Makes a U.S. resident who is a lawful resident alien or a U.S. citizen or national eligible to enroll in a health plan approved by the Comprehensive Health Care (CHC) program of the State in which he or she resides. Allows the National CHC Board to make classes of nonimmigrant aliens eligible for coverage. Makes the enrollment of Medicare (title XVIII of the Social Security Act) beneficiaries applicable only to benefits not covered by the Medicare program. Title II: Benefits and Providers - Lists the basic health services which health plans must provide, to which Federal funding will be limited, and which may not include items or services for which Medicare coverage is unavailable. Permits States or health plans to offer additional health care benefits. Prohibits private health insurance from duplicating basic health service coverage. Restricts limitations on the amount, duration, or scope of basic health services to be provided to enrollees. Makes Medicare provider standards applicable to providers of basic health services. Authorizes the National CHC Board to impose additional conditions on providers of high-risk, high-cost, elective, or over-utilized items or services. Title III: Financing - Sets forth the procedure for determining CHC program budgets and the formula for determining the Federal share of expenditures. Establishes a Health Security Partnership Fund for each State into which revenues to finance the CHC program shall be placed. Requires each State CHC program to make monthly payments to health plans equal to their adjusted average per capita costs for required services provided to each class of enrollee they serve. Requires providers to accept payment from health plans on an assigned basis. Directs the National CHC Board to develop financial incentives in payment methods to promote a continuum of care. Pays institutional providers pursuant to a biennial prospective budgeting system to be developed by each State. Pays physicians pursuant to payment schedules based on a national relative value scale to be developed by the National CHC Board, but allows alternative payment mechanisms if they are no more costly than the payment schedules. Makes CHC payment methodologies established in a State applicable to Medicare payments for services furnished in such State. Provides States with Federal funds for implementing their CHC programs. Limits the cost-sharing amounts health plans may charge enrollees. Bans the imposition of any cost-sharing requirements on individuals whose family income is less than 200 percent of the Federal poverty level. Establishes the Federal Long-Term Care Trust Fund from which Federal payments to States for long-term care benefits in the State shall be made. Title IV: Administration - Establishes a National CHC Board as an independent agency responsible for the overall administration of the Comprehensive Health Care Act. Directs each State to submit its CHC program to the National CHC Board for review of the program's compliance with specified requirements. Imposes sanctions against States whose program fails to meet such requirements and who fail to take corrective action within 90 days of a finding of noncompliance. Requires the National CHC Board to establish a National Commission on Quality to establish, evaluate, and update national minimum standards to assure the quality of CHC services and to monitor State CHC Boards' quality assurance efforts. Requires each State CHC Board to establish a State Commission on Quality to implement national minimum standards in each State. Directs the National CHC Board to establish a National Advisory Commission on Technology Assessment and Clinical Effectiveness to make recommendations related to the effectiveness of health care items and procedures, and the possible coverage of new drugs and technological procedures and discontinuance from coverage of inefficient procedures. Establishes a National Resources Equalization Fund to be administered by the National CHC Board and used to augment the capability of medically underdeveloped areas to provide CHC services and to strengthen their abilities to provide local services. Authorizes appropriations for such Fund. Title V: Effective Dates; Transition; Relation to Other Programs - Makes the CHC program applicable to health care services furnished during the third calendar year beginning after this Act's enactment. Authorizes appropriations for the planning and development of State CHC programs. Requires Federal Employee Health Benefit Plans to be CHC-approved. Establishes the CHC program's relationship to other health care programs, making the Medicare program the primary payor in the event of duplicative CHC program coverage and the Medicaid program (title XIX of the Social Security Act) inapplicable in States having an operative State CHC program. Division B: Life Care Long-Term Care Protection Act - Lifecare Long-Term Care Protection Act - Adds a new title to the Social Security Act: Lifecare Long-Term Care Protection Program. Requires Long-Term Care Screening Agencies to assess individuals' eligibility for home and community-based care and Long-Term Care Case Management Agencies to conduct comprehensive needs assessments of eligible individuals, develop plans of care for such individuals, review such plans at least once every three months, and maintain a registry of qualified providers of home and community-based and nursing home care to assist individuals in choosing qualified providers to carry out their care plan. Sets the method for determining State fund contributions. Requires that the family be treated as a partner in the provision of long-term care. Sets forth eligibility requirements for home and community-based care services, including requirements that the individual be: (1) 65 or older, under age 19, or eligible for benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act as the result of a disability; and (2) dependent, cognitively impaired, or unable to perform daily living activities without assistance or supervision. Enumerates the criteria for receipt of respite care benefits. Lists those entities considered to be qualified service providers, including adult day health care centers certified by the State. Directs the Secretary of Health and Human Services (the Secretary) to make monthly payments to each case management agency equal to amounts allotted by the screening agency for eligible individuals in the case management agency's jurisdiction. Requires such agencies to make direct payments to qualified providers of home and community-based care which shall be accepted as payment in full for such services. Limits payments for home health and community-based care for the next three years to 65 percent of the average amount payable for Medicare nursing home care and, for subsequent years, to the costs of nursing home care minus the costs of room and board. Allots payments among individuals on the basis of severity of need with chronically ill individuals receiving amounts equivalent to Medicaid (title XIX of the Social Security Act) payments for institutional care. Establishes the Home and Community-Based Care Advisory Council to review and assist the Secretary in the implementation of home and community-based care. Requires States to establish quality assurance boards to monitor quality of care and a community advisory board for each case management agency. Establishes a home and community-based care consumers' bill of rights. Imposes quality assurance requirements on providers of such care, including the requirement that they implement consumer grievance review mechanisms, ensure that their employees and other providers whom they have under contract have received adequate training, and annually evaluate the care furnished by such employees and providers. Establishes certification procedures for a survey of home care agencies, home health agencies, and adult day care health centers to determine eligibility for participation in the program under this Act. Outlines reimbursement procedures. Provides, subject to certain limitations, for nursing facility services for up to six months for individuals who are eligible for home and community-based care services. Allows additional nursing home coverage if: (1) the individual has not been an inpatient for at least six consecutive months; (2) the diagnosis is different; or (3) there has been a substantial worsening of the individual's condition since the latest discharge. Directs the Secretary to establish an optional insurance program for individuals 45 and over to cover nursing home stays that exceed six months. Prescribes procedures for setting premium rates and requires annual rate revisions by the Secretary. States that the rates are expected to cover 45 percent of the estimated nursing home costs of stays exceeding six months. Covers a portion of a low-income individuals' premium and room and board costs. Requires the Secretary to give individuals the option of purchasing coverage of nursing home stays exceeding six months without regard to age. Requires the Secretary, to the extent feasible, to establish a prospective payment mechanism for payment of nursing home services that takes into account the expected resource utilization of the patient based on the degree of disability and other factors. Requires the making of grants to schools of nursing, social work, allied health, and public health of universities to develop training programs for the provision of home and community-based care and nursing home care for the elderly, the disabled, and chronically ill children, and in the administration of such programs. Authorizes appropriations. Requires that grants be made to State-approved programs to train individuals in the provision of home health aide services. Authorizes appropriations. Requires the making of grants to university schools of nursing to develop model consumer training programs regarding the delivery of home care services. Authorizes appropriations. Requires that grants or contracts be made to assist public and private nonprofit entities in meeting the costs of developing centers for multidisciplinary health planning development and assistance. Authorizes appropriations. Directs the Secretary to conduct demonstration projects to determine the relative effectiveness, cost, and impact on quality of long-term home care of using different models of providing and reimbursing long-term home care services for seriously mentally ill individuals and family caregivers. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Mandates demonstration projects on the feasibility of providing long-term home care benefits for working-age individuals with severe functional limitations. Directs the Secretary to make specified amounts available from such Fund. Division C: Grants to States for Establishment and Implementation of State Health Objectives Plans - Health Objectives 2000 Act - Amends the Public Health Service Act to authorize appropriations for allotments to States for developing and implementing a plan to develop and collect data on the public health needs and status of State residents. Requires the plan to provide, for FY 1993 and thereafter, for use of the allotments for additional purposes described in specified provisions relating to preventive health and health services block grants. Requires the State plan to contain, among other elements, a set of at least five State health objectives chosen from the National Health Priorities described by the Secretary under this Act. Directs the Secretary to establish: (1) the National Health Objectives Advisory Committee; (2) National Health Priorities (NHPs) to form the basis for all activities that receive assistance under this Act; (3) from the NHPs, a set of Core Priorities that shall be included in each State Plan; and (4) an estimate of the personnel and training needed to accomplish the NHPs. Directs the Secretary, from the amounts made available for allotments, to use: (1) a limited amount for the professional training of public health personnel; and (2) remaining amounts to assist research, pilot and demonstration projects, and programs the Secretary determines to show the potential impact of regional or national significance with respect to NHPs. Repeals specified provisions relating to preventive health and health services block grants. Division D: Independence for Older Americans - Independence for Older Americans Act - Title I: Geriatric Research and Training Centers - Amends the Public Health Service Act to modify the purposes, affiliations, and activities of Claude D. Pepper Older Americans Independence Centers (formerly centers of geriatric research and training). Title II: Availability of Information to Health Professionals, Older Americans, and the General Public - Directs the Secretary to prepare a comprehensive plan for a National Independence for Older Americans Information Program. Provides for the establishment of an information clearinghouse, a toll-free telephone communications system, and public information campaigns concerning the maintenance and improvement of the health and independence of older Americans. Authorizes appropriations to carry out this title. Title III: Prevention of and Recovery from Chronic Illness - Requires the National Institute on Aging to support research, and report to the Congress on the most effective: (1) techniques of geriatric assessment; (2) method of targeting comprehensive geriatric assessment to appropriate populations of older persons to determine their health care needs; and (3) means of providing for such needs to maximize health and independence. Directs the Secretary to develop: (1) model techniques to aid in the prevention and rehabilitation of older persons from frailty and other mobility problems; and (2) model curricula for the health professions for training in the use of such techniques. Authorizes the National Institute on Aging to establish up to five demonstration programs at Comprehensive Independence Research Training and Demonstration Centers to prevent the loss of mobility and to help frail older persons regain independence, using existing and experimental techniques. Directs the Secretary to conduct research on the extent to which falls are associated with the loss of an individual's confidence in functioning independently and his or her need for long-term care. Requires the Secretary to develop and report to the Congress on the development of: (1) model techniques to aid in the recovery and rehabilitation of older persons from chronic and debilitating illness; and (2) model curricula for the health professions for training in the use of such techniques. Authorizes appropriations to carry out this title. Title IV: Research on Health, Retirement, and Independence - Directs the Secretary to: (1) commence a ten-year health and retirement history survey; and (2) establish an advisory panel on data collection to review existing government surveys and census data to coordinate information on the health and retirement status of older Americans. Requires the National Center for Health Statistics to: (1) include persons age 75 and over in the National Health and Nutrition Examination Survey; (2) develop questions related to health promotion and disease prevention for older persons for inclusion in the National Health Interview Survey and the National Health and Nutrition Examination Survey; and (3) develop questions related to the health promotion and disease prevention practices of health care providers with special relevance to older persons for inclusion in the National Ambulatory Medical Care Survey. Directs the National Institute on Aging to request proposals from individual and team investigators on behavioral, social, and environmental mechanisms for promoting the health and independence of older Americans. Authorizes appropriations for carrying out this title. Title V: Authorization of Appropriations for NIH - Authorizes appropriations to be added to the National Institute on Aging and other institutes in proportion to their current spending levels on aging research. Division E: Authorization of Additional Funds for Research for AIDS, Hypertension, Sickle Cell Anemia, Infant Mortality, and Breast Cancer - Authorizes additional appropriations for research for acquired immune deficiency syndrome (AIDS), hypertension, sickle cell anemia, infant mortality, and breast cancer.
United States · United States Congress · 3 January 1991
Amends the Higher Education Act of 1965 to permit the deferral of payments on student loans during professional internships of any duration (by removing a two-year limitation).
United States · United States Congress · 3 January 1991
Veterans' Compensation Amendments of 1991 - 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.
United States · United States Congress · 3 January 1991
Extends the time for performing certain tax-related acts by reason of service in a combat zone for those individuals performing Desert Shield services. Declares such extended time to be the period during which such individual performs such services and the next 60 days thereafter. Allows the payment of interest on any overpayments due such individuals, starting April 15. (Generally, interest will be paid only on refunds made more than 45 days after a return is filed.) Applies this Act for any period of continuous hospitalization outside the United States attributed to an injury incurred while performing Desert Shield services.
United States · United States Congress · 3 January 1991
Amends the Internal Revenue Code to make permanent the exclusion from gross income of amounts received under qualified group legal services plans. (Under current law the exclusion expired as of September 30, 1990.)
![Official portrait of Rep. Ford, Harold E. [D-TN-9]](https://www.congress.gov/img/member/f000261_200.jpg)