United States · United States Congress · 23 January 1991
Authorizes the appointment of chiropractors as commissioned officers in the Army, Navy, or Air Force Medical Service Corps. Provides special pay to chiropractic officers on active duty for not less than one year. Increases such special pay with service. Authorizes the payment of additional special pay for any 12-month period during which such an officer is not undergoing chiropractic internship training, with appropriate increases for years of service. Requires such an officer, to receive such additional special pay, to execute a written agreement to remain on duty for no less than one year. Authorizes the Secretary of the military department concerned to terminate the payment of such additional special pay at any time, with an appropriate refund required from the officer concerned for any period paid but unserved. Requires an officer who voluntarily terminates service for a period for which a special payment was made to refund the proper amount to the United States.
United States · United States Congress · 23 January 1991
Niobrara Scenic River Designation Act of 1991 - Amends the Wild and Scenic Rivers Act to designate certain segments of the Niobrara River, Nebraska, and the Missouri River, Nebraska and South Dakota, as components of the National Wild and Scenic Rivers System. Designates a certain segment of the Niobrara River, Nebraska, for study as a potential addition to the National Wild and Scenic Rivers System. Provides that such segment shall be designated as a component of the system if funds are not authorized and appropriated, within five years after enactment of this Act, for the construction of a water resources project on it. Sets forth specified limitations on acquisition of land by the Secretary of the Interior within the segment, unless State or local government are not adequately protecting the segments wild and scenic values. Establishes the Niobrara Scenic River Advisory Commission to advise the Secretary on the development of a management plan for, and operation matters of, the designated segment of the Niobrara River. Terminates such Commission ten years after enactment of this Act. Authorizes the Secretary to establish a recreational river advisory group to advise on matters relating to the operation and management of the designated segment of the Missouri River. Requires the Secretary to permit, subject to certain conditions, the use of erosion control techniques for streambank stabilization within the segment. Directs the Secretary, acting through the Director of the National Park Service, to conduct a feasibility study about the potential designation of certain lands adjacent to the Niobrara and Missouri Rivers and the Lewis and Clark Reservoir as a national recreation area. Requires the results of such study to be transmitted to certain specified congressional committees. Requires the Secretary to study the feasibility of establishing the Niobrara-Buffalo Prairie National Park, Nebraska. Requires the results of such study to be submitted to the same congressional committees. Authorizes appropriations.
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
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 · 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 · 18 January 1991
Condemns Iraq's unprovoked attack on Israel. Expresses sympathy for the loss of life, casualties, and destruction. Declares solidarity with the people of Israel. Commends the citizens of Israel for their perserverance and the Government of Israel for its restraint. Recognizes Israel's right to defend itself. Reaffirms America's continued commitment to provide Israel with the means to maintain her freedom and security.
United States · United States Congress · 18 January 1991
Condemns the recent violence by Soviet forces in Lithuania. Calls upon President Gorbachev to immediately cease the use of force against the people and the democratically-elected governments of Lithuania, Latvia, and Estonia and supports President Bush's condemnation of such Soviet actions in Lithuania. Calls upon the President to: (1) make this issue a priority item on the agenda of the upcoming U.S.-Soviet summit or otherwise to convey the message directly to the Soviet Government; (2) review bilateral relations and, in consultation with European allies, consider coordinated economic sanctions if the Soviets continue such actions; and (3) consider other ways to demonstrate the U.S. commitment to nonrecognition of the forcible annexation of the Baltic States by the Soviet Union and to show support for the people of the Baltic States. Calls upon the Soviet Government to: (1) enter into peaceful and meaningful negotiations with Lithuania, Latvia, and Estonia on the nature of their future relations; (2) resolve peacefully disputes with all Soviet republics; and (3) abide by its obligations under the Helsinki Final Act, the United Nations Charter, and other international documents to respect human rights and self-determination. Urges that the new conflict resolution mechanisms created within the Conference on Security and Cooperation in Europe in November 1990 be employed to help resolve this crisis peacefully.
United States · United States Congress · 17 January 1991
Amends Federal postal law to permit the mailing of wine if it is mailed by a licensed winery governed by specified regulations. Amends Federal criminal law to: (1) exempt such winery from fines or penalties; and (2) permit the mailing of such wine in Indian country, subject to the restrictions of this Act.
United States · United States Congress · 16 January 1991
Establishes the Manzanar National Historic Site in California to protect historical and cultural resources associated with the relocation of Japanese-Americans during World War II. Establishes the Manzanar National Historic Site Advisory Commission to consult with the Secretary of the Interior on matters relating to the development, management, and interpretation of the site. Terminates the Commission within ten years after the enactment of this Act. Authorizes appropriations.
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
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 · 14 January 1991
Amends Federal law to change the name of the Boys' Clubs of America to the Boys and Girls Clubs of America. Updates the board members of the organization.
United States · United States Congress · 12 January 1991
Finds that the Constitution vests all power to declare war in the Congress. Declares that any offensive action against Iraq must be explicitly approved in advance by the Congress.
United States · United States Congress · 11 January 1991
Youthbuild Act of 1990 - Authorizes the Secretary of Housing and Urban Development to provide grants for Youthbuild projects which shall employ economically and educationally disadvantaged youth to help construct or rehabilitate rental and transitional housing for homeless persons and low-income families. Authorizes appropriations.
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 · 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 the Ethics in Government Act of 1978 to modify the ban on honoraria to allow Federal officers and employees, other than Representatives in, or Delegates or Resident Commissioners to, the Congress, presidential appointees, and commissioned officers of the Uniformed Services whose pay grade equals or exceeds grade 0-7, to receive an honorarium for an article in a bona fide publication, a speech, or an appearance if: (1) the subject of the article, speech, or appearance and the reason for which the honorarium is paid is unrelated to the recipient's official duties or status; and (2) the party offering the honorarium has no interests that may be substantially affected by the performance or nonperformance of the recipient's official duties. Prohibits the amount of such honorarium accepted from exceeding the usual and customary fee for the services for which the honorarium is paid, up to $2,000. Subjects the acceptance of any honorarium to financial disclosure under the Ethics in Government Act of 1978.
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
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
Medicaid Infant Mortality Amendments of 1991 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and/or postpartum home visitation services for high-risk infants.
United States · United States Congress · 3 January 1991
Equal Employment Opportunity Commission Amendments of 1991 - Amends the Civil Rights Act of 1964 to authorize the Equal Employment Opportunity Commission to request a head of a Federal agency, department, or unit to appear before the Commission and explain the reason for failing to submit an equal employment opportunity plan. Directs the Commission, after an opportunity for a hearing, to order submission of a plan. Requires the Commission to enforce compliance with such order. Authorizes the Commission to initiate disciplinary action, including the withholding of pay, against any officer or employee responsible for failure to comply with an order. States that equal employment opportunity plans shall include the numerical employment goals established by an agency in its minority recruitment program and that each agency should establish numerical employment goals for the purpose of complying with affirmative action plans.
United States · United States Congress · 3 January 1991
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
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
Iraq Embargo Enforcement Act - Requires the President to prohibit the importation of products from a foreign person that exports to Iraq items whose export would not be permitted from the United States.
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
Legislative Line Item Veto Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission by: (1) special message not later than 20 calendar days after enactment of appropriations legislation; or (2) special message accompanying the budget when such rescissions have not been proposed previously for that fiscal year. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
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
Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees.
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
Amateur Radio Spectrum Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from diminishing existing allocations of spectrum (available radio frequencies) to the amateur radio service after January 1, 1991. Requires the FCC to provide replacement spectrum to the service for any frequency reallocation after such date.
United States · United States Congress · 3 January 1991
Airline Bankruptcy Passenger Protection Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.
United States · United States Congress · 3 January 1991
Federal Bureau of Investigation First Amendment Protection Act of 1991 - Prohibits the Federal Bureau of Investigation (FBI) from initiating or conducting any investigation that may involve the collection of information about the exercise by a U.S. person of first amendment rights, except as specified. Requires the Attorney General to issue guidelines for investigations covered by this Act. Sets forth standards to be followed by the FBI in the conduct of an investigation, the disposition of any records obtained, and the periodic review of open investigations. Provides a civil remedy for any person aggrieved by a violation of this Act. Waives the provisions of this Act with respect to background investigations conducted with the consent of the subject regarding: (1) nominees to judicial and executive branch positions requiring the advice and consent of the Senate; (2) employees of the Department of Justice; or (3) the granting or retention of security clearances.
United States · United States Congress · 3 January 1991
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from using the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to the U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 3 January 1991
Decennial Census Accuracy Improvement Act of 1991 - Amends Federal census law to require the Secretary of Commerce to determine whether the tabulations of population of the respective States should be adjusted in order to correct for any under- or over-counting. Provides that the tabulation for a State shall not be complete unless: (1) the Secretary determines that no adjustment is required in the tabulation of population for any State; or (2) appropriate adjustments for each State have been made, if it is determined that adjustment would improve the accuracy of census counts. Requires that any incomplete tabulation reported to a State to be identified as preliminary and subject to adjustment. States that if the deadline cannot be met to complete and report such data to the respective States the Secretary shall: (1) provide advance written notice to the Congress (including a statement of reasons and the anticipated compliance date); and (2) have until the second July 15th after the decennial census date to complete and report the tabulation of population to the respective States. Applies this Act to data obtained from the 1990 decennial census or any to follow. Deems as a reference to such tabulation in its completed form as determined by this Act, any requirement under Federal law that a tabulation of population for a State (as obtained in the 1990 or a later decennial census) be used. Requires the Secretary to report on the data obtained from the 1990 decennial census to the appropriate congressional committees. Declares that the authority to use the "sampling" statistical method shall be governed by this Act.
United States · United States Congress · 3 January 1991
National Commemorative Advisory Act - Establishes the President's Advisory Commission on National Commemoratives to: (1) establish criteria for recommending to the President that a proposed national observance be approved or disapproved; (2) review proposals for national observances submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
![Official portrait of Rep. Kostmayer, Peter H. [D-PA-8]](https://www.congress.gov/img/member/k000319_200.jpg)