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
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
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
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
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 3 August 1990
Amends the Caribbean Basin Economic Recovery Act to authorize the Commissioner of Customs to make a grant to assist an institution of higher education in establishing in Texas a North-South Center for the Study of Western Hemisphere Trade, which shall promote cultural exchange and trade between Western Hemisphere countries. Authorizes appropriations.
United States · United States Congress · 25 July 1990
United States-Mexico Border Health and Environment Act - Directs the Secretary of State to establish within the Department of State an organizational unit to address health and environmental problems along the U.S.-Mexican border. Requires the President to appoint a Coordinator of Border Health and the Environment to operate such unit. Establishes an Advisory Committee on Border Health and the Environment. Requests the President to direct the Secretary to enter into negotiations with the Government of Mexico to encourage the appointment of a Coordinator of Border Health and the Environment in Mexico for purposes of developing joint solutions and prevention programs regarding health and environmental problems in the area adjacent to the U.S.-Mexican boundary. Authorizes appropriations.
United States · United States Congress · 20 July 1990
Amends the Higher Education Act of 1965 to permit the cancellation of Perkins student loans for service as a full-time law enforcement or corrections officer.
United States · United States Congress · 19 July 1990
Palo Alto Battlefield National Historic Site Act of 1990 - Establishes the Palo Alto Battlefield National Historic Site, Texas, to preserve the site of the first battle of the Mexican-American War. Directs the Secretary of the Interior to develop and transmit to specified congressional committees a general management plan for such site. Authorizes appropriations.
United States · United States Congress · 7 June 1990
Designates as South African Freedom Week the week in 1990 coinciding with the first visit of Nelson Mandela to the United States after his release from prison in South Africa.
United States · United States Congress · 23 May 1990
Amends the Ports and Waterways Safety Act to require each pipeline facility under the navigable waters of the marine environment to maintain a specified minimum cover. Requires annual inspections by the owner or operator of each facility. Allows the Secretary of the department in which the Coast Guard is operating, through the Commandant of the Coast Guard, to conduct inspections to determine compliance with this Act. Authorizes the Secretary to establish fees in reasonable relation to U.S. expenses in carrying out this Act.
United States · United States Congress · 23 May 1990
Disaster Assistance Act of 1990 - Title I: Emergency Crop Loss Assistance - Subtitle A: Annual Crops - Extends disaster crop loss assistance through the 1990 crop year for wheat, feed grains, cotton, rice, peanuts, sugar, tobacco, soybeans, and other nonprogram crops. Extends crop quality reduction disaster assistance through the 1990 crop year. Reduces disaster assistance payments in relation to Federal crop insurance payments. Requires producers to obtain Federal crop insurance for 1991 in order to be eligible for disaster payments and other specified assistance for 1990 crop losses. Sets forth exempted circumstances. Requires the Secretary of Agriculture to announce within a specified time the conditions for establishing a 1990 farm yield for forage-use-crops. Limits assistance under this Act to $100,000. Authorizes the substitution of crop insurance program yields for 1990 disaster assistance eligibility purposes. Subtitle B: Orchards - Provides disaster assistance (up to $25,000 or an equivalent value in seedlings) to orchardists who suffered qualifying tree losses as a result of 1990 freeze, earthquake, or related condition. Expresses the sense of the Congress that Federal crop insurance should be made available to all orchard crops. Subtitle C: Forest Crops - Provides disaster assistance (up to $25,000 or an equivalent in seedlings) to commercial tree farmers who suffered qualifying tree seedling losses as a result of 1990 drought, earthquake, or related condition. Subtitle D: Additional Assistance - Prohibits the Secretary from reducing rental payments to an owner or operator who hays or grazes livestock during the 1990 crop year on land subject to a conservation reserve program contract to the extent that such owner or operator carries out and pays for specified additional conservation practices. Subtitle E: Administrative Provisions - Makes a person with qualifying annual gross income (as defined by this Act) in excess of $2,000,000 ineligible for assistance under this Act. Title II: Disaster Credit and Forbearance - Makes producers who suffered 1990 crop losses eligible for emergency loans even if they had crop insurance. Directs the Secretary to make 1991 direct and guaranteed farm operating loans (including funds from the Agricultural Credit Insurance Fund) available to producers who suffered 1990 crop losses due to moisture, freeze, or related condition, and 1989 or 1990 crop losses due to drought or related condition. Title III: Rural Businesses - Directs the Secretary to provide loan guarantees through the Rural Development Insurance Fund to rural business enterprises (including Indian tribes) which have suffered disaster damage in 1989 or 1990. Limits: (1) individual guarantees to the lesser of 90 percent of principal and interest or $2,500,000; and (2) aggregate guarantees to $200,000,000. Title IV: General Provisions - Amends the Disaster Assistance Act of 1989 to base the determination of the 1989 harvestable amount of sugarcane on the quantity of recoverable sugar.
United States · United States Congress · 9 May 1990
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 19, 1990, as National Military Families Recognition Day.
United States · United States Congress · 7 May 1990
Defense Reports Reduction Act of 1990 - Title I: Elimination and Modification of Reports Required By Law - Part A: Repeal of Existing Report Requirements - Repeals various reporting requirements under Federal armed forces provisions, annual defense authorization and military construction Act, the Defense Industrial Reserve Act, and the Military Selective Service Act. Part B: Modifications to Existing Report Requirements - Modifies existing defense reporting requirements by reducing the frequency of certain reports from a bimonthly to a semiannual basis, from a semiannual to an annual basis, or from an annual to a biennial basis. Increases the threshold amounts for certain spending or costs triggering reporting requirements. Title II: Report Provisions Previously Terminated Under Goldwater-Nichols Act - Repeals specified reporting requirements under armed forces provisions which were terminated by the Goldwater-Nichols Department of Defense Reorganization Act of 1986 and restores others. Repeals the provisions of such Act that generally terminated all report, notification, or study requirements under Federal armed forces provisions. Title III: Technical and Clerical Amendments - Makes conforming and clerical amendments. Extends from July 1, 1990, to January 1, 1993, the deadline for full integration of fixed wing aircraft at the National Training Center in Fort Irwin, California, into the range instrumentation system for attack helicopters. Removes as a condition for the transfer of obsolete naval vessels the failure of the Congress to pass a concurrent resolution opposing the transfer.
United States · United States Congress · 24 April 1990
Authorizes and requests the President to designate May 26, 1990, to commemorate the bicentennial of "An Act for the government of the territory of the United States, south of the river Ohio" (from which Tennessee was formed).
United States · United States Congress · 4 April 1990
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide that the definition of "owner or operator" (for purposes of liability) does not include: (1) a designated lending institution which acquires control of a facility pursuant to the terms of a security interest held by the person in such facility or in connection with a lease subject to Federal or State banking authorities; (2) a corporate fiduciary which operates or has legal title to a facility pursuant to the terms of an estate or trust; (3) an individual or institution that serves as an indenture trustee and acquires control of a facility as the result of default on a financing document between the trustee and the issuing entity; and (4) an individual fiduciary who has legal title to a facility for purposes of administering an estate or trust.
United States · United States Congress · 4 April 1990
Amends title XVIII (Medicare) of the Social Security Act to prohibit the implementation of sanctions against a hospital for violating Medicare emergency medical condition screening and treatment requirements until a peer review organization makes a finding as to whether such a violation has occurred.
United States · United States Congress · 4 April 1990
Textile, Apparel, and Footwear Trade Act of 1990 - Limits the 1990 imports of textiles and textile products classified under a category to an amount equal to 101 percent of the total 1989 imports classified under such category. Limits the 1990 imports of nonrubber footwear classified under a nonrubber footwear category to an amount equal to: (1) the total 1989 imports of nonrubber footwear classified under such category; and (2) in the case of high priced nonrubber footwear, the total 1989 imports of high priced nonrubber footwear classified under such category. Provides for a one-percent annual growth in the amount of permitted imports of textiles and textile products after 1990. Exempts from the limitations imposed under this Act imports of textiles and textile products from U.S. possessions if such articles are exempt from duty under the Harmonized Tariff Schedule of the United States and are manufactured by U.S. citizens, nationals, or permanent residents of such a possession. Limits the imports of certain sweaters made in Guam to a specified amount during FY 1990 and to such amount increased by one percent per year in subsequent years. Declares such limitations shall not apply to Canada or Israel. Sets forth limitations on the amount of textile and textile products, classified under certain import categories, which may be imported from beneficiary countries under the Caribbean Basin Initiative. Authorizes the President to: (1) enter into trade agreements to grant new concessions as compensation to the extent required under U.S. trade agreements for the import limits imposed by this Act; and (2) proclaim such modification or continuance of any existing duty on textiles and textile products and on nonrubber footwear as necessary to carry out such agreements. Prohibits the President from reducing any rate of duty by more than ten percent. Requires the President, before entering into such trade agreements, to consider whether a country has violated trade concessions of benefit to the United States and the violation has not been adequately offset. Sets forth requirements governing staged rate reductions in the tariffs of articles affected by this Act. Prohibits the President, except as authorized by this Act, from entering into trade negotiations with any country with respect to duties on textiles, textile products, and nonrubber footwear. Prohibits the President, except as provided in this Act, from decreasing or proposing a decrease in any such duty by any means, including an implementing bill or a proclamation. Requires the President to report annually to the Congress on the administration of this Act. Requires the Secretary of Commerce, ten years after enactment of this Act, to study and report to the Congress on its operation. Requires the Secretary of the Treasury to establish a pilot program for the issuance and sale to U.S. companies at public auction of import licenses applicable to categories of textiles. Terminates such licensing program on December 31, 1991, and requires a report to the Congress on its administration.
United States · United States Congress · 4 April 1990
Commends the Runnin' Rebels of the University of Nevada at Las Vegas for winning the 1990 National Collegiate Athletic Association Men's Basketball Championship.
![Official portrait of Rep. Ortiz, Solomon P. [D-TX-27]](https://www.congress.gov/img/member/o000107_200.jpg)