United States · United States Congress · 17 April 1991
Long-Term Care Insurance Consumer Protection Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to afford Federal consumer protection to purchasers of long-term care insurance policies by requiring that before such policies may be issued or sold they must have been either certified by the Secretary of Health and Human Services as meeting the minimum Federal standards and requirements outlined below or approved by the State commissioner or superintendent of insurance under a regulatory program each State may establish that: (1) incorporates such standards and requirements; (2) provides consumers with access to basic information on issuers and policies; and (3) provides for an approval process for proposed premium increases. Outlines Federal standards for long-term care insurance policies, including requirements that such policies: (1) offer optional inflation protection features, nonforfeitable benefits after a certain vesting period should the policy lapse, and limited premium increases; (2) be guaranteed renewable except for nonpayment of premiums or material misrepresentation; (3) use standard language and uniform format with certain variations in language permitted; (4) disclose a detailed outline of coverage; (5) allow purchasers 30 days to rescind their purchase of the policy and to have the premium refunded; (6) not condition or limit eligibility for benefits, including non-institutional benefits, except in cases of preexisting conditions; (7) use functional assessment tools for determining home care eligibility; (8) provide a right to appeal denials for home care eligibility; (9) provide a six-month period of contestability after issuance of the policy; (10) prohibit discrimination in cases of individuals with Alzheimer's disease; and (11) provide benefits over a period of at least 12 consecutive months. Regulates the marketing of long-term care insurance policies by establishing prohibitions on certain sales practices, such as high pressure tactics, and on sales to Medicaid beneficiaries and sales of duplicate service benefit policies. Imposes additional requirements on issuers of long-term care insurance policies with respect to: (1) the prompt mailing of new policies after approval; (2) the furnishing of information to policyholders regarding denied claims and to the Secretary and appropriate State officials regarding policies, premiums, denied claims, lapse, replacement, and rescission rates; and (3) the obtaining of medical assessments for elderly applicants if the policy is not guaranteed to be issued. Sets forth civil penalties for issuing unapproved or uncertified policies and for violating prohibited sales practices and the requirements imposed on issuers of long-term care insurance policies. Requires reports on functional ability assessment tools and on solvency protections for such issuers. Requires a study to develop a standard measure of value for long-term care insurance policies. Amends the Omnibus Budget Reconciliation Act of 1990 to increase funding for long-term care insurance information, counseling, and assistance.
United States · United States Congress · 17 April 1991
United States One-Dollar Coin Act of 1991 - Amends Federal currency law to prescribe the color and features (including features to aid the visually handicapped) of one-dollar coins. Mandates that the obverse side of the one-dollar coin have a design recognizing the discovery of the New World by Christopher Columbus. Requires such coins to be placed in circulation within 18 months of enactment of this Act. Mandates that the seigniorage of the new one-dollar coins be used to offset the reverse seigniorage resulting from the destruction of Susan B. Anthony dollar coins in Government storage.
United States · United States Congress · 16 April 1991
Amends the Federal Meat Inspection Act to require that imported meat be subject to the same inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States. Requires that inspections of imports be carried out by U.S. inspectors. Amends the Poultry Products Inspection Act to require that inspections of imports be done by U.S. inspectors.
United States · United States Congress · 16 April 1991
Transportation Improvement Act of 1991 - Title I: Completion of Interstate System and Interstate Substitute Highway Projects - Amends Federal-aid highway provisions to approve the Federal interstate highway cost estimate for 1991. Requires the Secretary of Transportation to apportion funds for FY 1993 through 1998 for expenditure on the National System of Interstate and Defense Highways. Extends the authorization of appropriations for the Interstate System through 1998. Makes States that have not completed construction of their portions of the National System of Interstate and Defense Highways by the end of FY 1995 ineligible to receive or apply for Federal-aid highway funds until such construction is completed. Extends the authorization of appropriations for Interstate Substitute highway projects through FY 1995. Title II: Obligation Authority - Limits total obligations for Federal-aid highways and highway safety construction programs during FY 1992 through 1996. Exempts specified obligations (including discretionary interstate 4-R and bridge projects) from such limits. Sets forth provisions concerning the distribution, limitation, and redistribution of obligation authorities. Title III: Authorization of Appropriations Out of the Highway Trust Fund - Authorizes and allocates appropriations out of the Highway Trust Fund through FY 1996 for: (1) the Interstate 4R program; (2) the Federal-aid primary, secondary, and urban systems; (3) bridge replacement and rehabilitation; (4) space elimination of hazards; (5) railroad highway crossings; (6) forest, public lands, and park highways; (7) Indian reservation roads; (8) access highways to public recreation areas; (9) highway safety programs; (10) highway research projects; and (11) highway use tax evasion projects. Authorizes additional appropriations for Interstate 4R discretionary projects and for the discretionary bridge program. Subjects funds appropriated for FY 1991 through 1993 for off-system bridges to the existing limitation on expenditures for bridges on public roads. Authorizes appropriations for the following State apportionment bonuses: (1) the high level of effort bonus (based on a percentage of the amount by which State per capita highway spending exceeds the national average); (2) the adverse weather bonus (based on a percentage of the amount by which the number of days of temperatures above 90 degrees Fahrenheit and non-frost free days exceeds the national average); (3) the Federal lands bonus (based on the amount of Federal lands within a State); and (4) the low density bonus (based on a State's population density). Limits total bonuses to a State to ten percent of the State's annual apportionment. Title IV: Program Flexibility - Authorizes States, upon notification of the Secretary, to transfer up to 30 percent of: (1) their apportionments for specified highway projects between project categories; and (2) their apportionments for Federal-aid urban systems to activities eligible for assistance under the Urban Mass Transportation Act of 1964. Subjects additional transfers to the Secretary's approval. Limits total transfers from a category to 50 percent of the apportionment. Permits States, subject to the Secretary's approval and under certain conditions, to transfer funds apportioned pursuant to this Act for the completion of the System of Interstate and Defense Highways to other specified categories. Title V: Additional Provisions - Continues the current Federal-aid primary apportionment formula through FY 1996. Revises provisions concerning Federal participation in toll facilities to remove limitations on the number and types of facilities in which the Federal Government may participate. Permits tolls on a facility to be continued indefinitely, without sanction imposed by the Secretary, if tolls are used for eligible purposes. Authorizes appropriations for the right-of-way revolving fund. Permits States, in any case where sufficient land exists within rights-of-way of a Federal-aid highway to accommodate rail or nonhighway public mass transit facilities and where such accommodation can be accomplished without impairing automotive safety or highway improvements, to make such lands available to a mass transit authority or company. Federal Rural Tourism and Recreational Development Act of 1991 - Declares it a national goal to provide and improve safe access to public lands to encourage the development of travel and tourism opportunities in support of rural area economic development. Authorizes the use of funds under the Federal lands highways program for purposes such as: (1) transportation planning for tourism and recreational travel; (2) interpretive signage and development of public road facilities for areas of historical, archeological, cultural, and scenic interests; (3) construction and reconstruction of roadside rest areas; and (4) other appropriate facilities as determined by the Secretary. Specifies that funds available for forest development roads and trails may be made available for such purposes, as well. Requires the Secretary to authorize Federal aid highway projects for pedestrian and bicycle facilities to encourage alternative modes of transportation for tourism and recreational purposes. Authorizes the motorized use of trails and walkways, subject to State and local regulations. (Under current law, motorized vehicles are prohibited except for maintenance purposes and, when snow conditions and State or local regulations permit, snowmobiles.) Directs the Secretary to: (1) annually allocate sums authorized to be appropriated for access highways to public recreation areas on certain lakes; and (2) establish and carry out a tourism and recreational travel technical assistance program in non-urbanized areas. Makes funds available from forest and public lands highways funds for recreational travel and tourism projects. Requires each State using funds provided in this Act to have a multipurpose land use statewide driving and recreation travel plan. Permits Federal participation in the construction, refurbishment, and operation (currently, construction) of ferry boats. Requires increases in the Federal share payable on highway projects if a State certifies to the Secretary that it has developed comprehensive plans with mandatory land use and transportation elements.
United States · United States Congress · 11 April 1991
Elementary School Counseling Demonstration Act - Authorizes appropriations for the Secretary of Education to make demonstration grants to local education agencies to establish effective and innovative elementary school counseling programs that can serve as national models. Directs the Secretary to establish an Office of School Counseling, headed by a Director, in the Department of Education.
United States · United States Congress · 11 April 1991
Tax Fairness and Accountability Act of 1991 - Requires an affirmative vote of three-fifths of the Members of the Senate to approve any bill or amendment which increases revenue. Amends the Congressional Budget Act of 1974 to declare that any bill, resolution, or amendment that reduces revenues may be approved by a simple majority of the Senate.
United States · United States Congress · 11 April 1991
Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is desirable to help alleviate suffering in the Baltic republics. Directs the Administrator of the Agency for International Development to: (1) furnish humanitarian assistance for the relief of the Estonian, Latvian, and Lithuanian people; and (2) solicit donations of humanitarian assistance for Estonia, Latvia, and Lithuania and cooperate with private relief agencies attempting to provide such assistance. Authorizes the Commander-in-Chief of the U.S. Transportation Command to provide all necessary airlift and sealift to transport donations of medical supplies to the Baltic peoples. Authorizes appropriations. Urges the President to begin negotiations with the nations surrounding Estonia, Latvia, and Lithuania, including Poland and the U.S.S.R., regarding the importation of humanitarian assistance.
United States · United States Congress · 9 April 1991
Minerals Policy Review Commission Act of 1991 - Establishes the Minerals Policy Review Commission to implement a comprehensive review of the law relating to the location and disposition of minerals on public lands and the effect of that law on national policy. Directs the Commission to report to the President and the Congress on the review. Expresses the sense of the Congress that no amendment shall be made to the law relating to the location and disposition of minerals on public lands until the Commission has reported to the Congress. Terminates the Commission within six months after such report or on June 30, 1994, whichever is earlier. Authorizes appropriations.
United States · United States Congress · 22 March 1991
National Electric Vehicle Act of 1991 - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation (Secretary) to establish within the Department of Transportation a program to provide financial support to electric vehicle demonstration projects. Requires the Secretary to request proposals to demonstrate electric vehicles or electric vehicles and associated equipment in one or more eligible metropolitan areas. Authorizes the Secretary to select one or more proposals (not to exceed ten) to receive such support for each electric vehicle purchased or leased and included in a demonstration project. Sets forth criteria to be used in selecting a proposal. Requires the Secretary to provide a discount payment reimbursing a proposer for a discount provided to purchasers or users of electric vehicles if the proposer makes a specified certification to the Secretary. Requires the Secretary to report to the Congress each fiscal year with respect to the progress of demonstration projects to accelerate the development and use of electric vehicles. Authorizes appropriations. Directs the Secretary to establish a data collection program to be conducted in at least five geographically and climatically diverse regions in the United States which would be useful to persons seeking to manufacture, sell, own, or operate electric vehicles or other clean alternative fuel vehicles. Authorizes appropriations. Authorizes the Secretary to undertake a program of joint ventures with non-Federal persons to accelerate the infrastructure development required to support the use of such vehicles. Requires the Secretary to select no more than five different proposals for such joint ventures. Authorizes appropriations. Directs the Secretary to prescribe guidelines for State electric vehicle and other clean alternative fuel vehicle incentives and implementation plans designed to accelerate the use of such vehicles. Sets forth specified requirements with respect to such State plans. Authorizes the Secretary to provide Federal assistance to States whose Governors have determined introduction of such vehicles feasible. Authorizes appropriations. Amends the Energy Policy and Conservation Act to include electric vehicles among the alternative fuel passenger automobiles and light trucks the Secretary must ensure that the Federal Government acquires annually. Authorizes appropriations. Authorizes the Department of Energy to establish a multiyear research and development program for the accelerated development of electric vehicles with special attention to: (1) high efficiency electric power trains; (2) light-weight body structures; (3) advanced battery technology for electric vehicles; and (4) primary batteries and fuel cells for hybrid vehicles. Requires the Secretary of Energy to establish a cooperative program with the electric utility industry, the automobile industry, and such other persons or industries to conduct joint cooperative research and development projects with attention focused on the above-mentioned areas. Requires the Secretary of Energy to prepare and submit to the Congress a comprehensive multi-year program plan. Directs the Secretary of Energy to conduct a program designed to accelerate wider application of advanced electric vehicle technology, including advanced battery technologies. Authorizes the Secretary to enter into joint ventures with public entities and private firms. Authorizes appropriations.
United States · United States Congress · 22 March 1991
Expresses the sense of the Congress that the United States and the Soviet Union should lead an effort to promptly repeal United Nations General Assembly Resolution 3379 (equating Zionism with racism.)
United States · United States Congress · 21 March 1991
Urban Schools of America (USA) Act of 1991 - Title I: Urban School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and a city-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of urban school children to at least the national average; (2) prepare all urban children for school; (3) increase the graduation rates of urban students to at least the national average; (4) prepare urban school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by urban students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on urban public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in city schools. Directs the Secretary to reserve one percent of such funds for monitoring activities under this title. Directs the Secretary to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the Secretary to waive such 50 percent division in certain cases.) Directs the Secretary to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review by the Secretary. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Urban School Research - Authorizes appropriations, to carry out this title, for the National Institute for Urban Education (the Institute), established in the Department of Education by this title. Amends the Department of Education Organization Act to create an Assistant Secretary for Urban Education (the Assistant Secretary), who is to establish the Institute in the Department. Directs the Assistant Secretary to: (1) reserve 20 percent of funds for this title for operation of the Institute; and (2) from the remainder of such funds, make allotments to eligible LEAs on the basis of numbers of students. Directs the Institute to: (1) evaluate and disseminate results of activities under title I; (2) conduct research in urban education; (3) serve as a clearinghouse on urban education research findings, policies, and practices; (4) assist LEAs in developing research and evaluation to assess progress toward meeting national education goals; (5) provide training in research and evaluation; (6) design a research and evaluation strategy for assessing progress under this Act; and (7) design and test both common indicators and new multiple-measures of progress toward national education goals. Provides for an Institute Governing Board. Allows LEAs to use funds under this title for: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAS; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act; (8) staff training in test interpretation and use for diagnostic purposes; (9) information for parents on test results and interpretation; (10) research and evaluation technology and training; (11) tools for assessment of students in individualized instruction; (12) research on school policies and practices that may be barriers to student success; and (13) new, multiple, alternative assessments of student progress. Title IV: General Provisions - Establishes the Interagency Council on Urban Schools to: (1) review Federal programs to determine effects on urban schools' ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information for urban education experts and urban school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on urban school progress; (6) review and recommend improvement or streamlinig of Federal data collection in urban schools; and (7) conduct research to help urban school practitioners improve school performance. Directs the President to conduct a White House Conference on Urban Education before October 30, 1993. Requires the Conference to: (1) develop recommendations and strategies for improving urban education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on urban education. Requires a report to the President. Authorizes appropriations for such Conference. Establishes a National Commission on Urban Education (the Commission). Directs the Commission to: (1) study specified issues relating to urban schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
United States · United States Congress · 21 March 1991
Tongue River Dam Authorization Act of 1990 - Authorizes the Secretary of the Interior to plan, design, and construct improvements to the Tongue River Dam in Montana and to provide for the operation and maintenance of the project. Requires Montana to provide a portion of the project's costs. Requires a portion of any increased capacity of the Tongue River Dam to be provided to the Northern Cheyenne Tribe as part of any water rights settlement reached between the Tribe and Montana. Authorizes the Secretary to assist the Tribe in developing acreage for agricultural purposes in accordance with the Missouri River Basin Program of the Flood Control Act of 1944. Requires land developed for such purposes to be located within the Northern Cheyenne Reservation. Requires the U.S. Fish and Wildlife Service, the Montana Department of Fish, Wildlife, and Parks, the Montana Department of Natural Resources, and the U.S. Bureau of Reclamation to identify project features for the enhancement of fish and wildlife habitats for development by the Secretary. Authorizes appropriations for the Tongue River project.
United States · United States Congress · 21 March 1991
Amends title XVIII (Medicare) of the Social Security Act to extend the exclusion from the reduced reimbursement rates mandated in the Omnibus Budget Reconciliation Act of 1990 applicable to new physicians working in rural areas designated as health manpower shortage areas to new physicians working in other rural areas.
United States · United States Congress · 21 March 1991
Declares that the Senate: (1) extends a warm welcome to His Excellency Lech Walesa, President of the Republic of Poland, upon the occasion of his State Visit to the United States; (2) recalls the historic ties between the people of both countries; (3) applauds his commitment to economic and political reform; (4) reaffirms the Senate's and U.S. people's support for the independence and security of Poland; (5) looks forward to cooperation with Poland on issues relating to security and stability in Europe; and (6) commends the Bush Administration's decision to reduce Poland's debt to the United States, applauds the Paris Club's decision to reduce Poland's foreign debt, and urges Poland's private creditors to do the same.
United States · United States Congress · 20 March 1991
Amends the Higher Education Act of 1965 to remove from the computation of the expected family contribution in the determination of the need for assistance under the Pell Grant and other student assistance programs the following assets: (1) the family's principal place of residence; or (2) a family farm on which the family resides.
United States · United States Congress · 20 March 1991
Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Includes as deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency, or through a private placement. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits both the deduction and the exclusion to $5,000. Reduces the amount when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.
United States · United States Congress · 20 March 1991
Amends the Internal Revenue Code to increase the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. Provides for rounding inflation adjustments in tax tables to the nearest multiple of $10 (currently rounded to the next lowest multiple of $50).
United States · United States Congress · 20 March 1991
Replacement and Alternative Fuels Act of 1991 - Requires the Secretary of Energy to establish a program to: (1) promote the development and use of domestic-produced replacement and alternative fuels to replace conventional petroleum motor fuels; and (2) ensure the availability of those replacement and alternative motor fuels which will have the greatest impact in improving air quality. Prescribes development plan and production goals. Sets a timetable by which the Secretary must prescribe the minimum percentage of domestic-produced replacement and alternative fuels on an energy equivalent basis to be sold in specified calendar years by any refiner for use as a motor fuel. Prescribes minimum percentages of domestically produced replacement fuel to be sold in specified calendar years. Requires the Secretary to promulgate regulations for the exchange of marketable credits among: (1) refiners; (2) distributors of alternative motor fuels sold in commerce for transportation purposes; and (3) manufacturers of electricity-powered automobiles. Requires each refiner to report annually to the Secretary the percentage of domestic-produced replacement fuel, on an energy equivalent basis, contained in the total quantity of motor fuel sold during the preceding calendar year, and the amount of alternative motor fuels, sold or credited to such refiner during such year. Requires each distributor of alternative fuel to report annually to the Secretary the amount of alternative fuel sold into commerce for transportation purposes, and the amount of credits sold to refiners. Requires the Secretary of Transportation to report annually to the Secretary of Energy the number of dual fuel and dedicated alternative fuel vehicles manufactured and sold into commerce by each manufacturer each year. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the environmental impact potential of developing replacement fuels and alternative motor fuels. Amends the Motor Vehicle Information and Cost Savings Act to provide that if the average fuel economy standard applicable to passenger automobiles is increased above a specified level for any model year, the Secretary of Transportation may increase the maximum increase in average fuel economy for a manufacturer attributable to dual energy and natural gas dual energy automobiles to the extent that alternative and replacement motor fuel sales indicate that such fuels are being used to displace the use of conventional petroleum as a motor fuel. Establishes civil penalties for violations of this Act. Authorizes appropriations. Requires the Secretary of Transportation to issue regulations requiring certain gasoline retailers to have available for sale, in addition to replacement motor fuels, other alternative motor fuels.
United States · United States Congress · 20 March 1991
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, or for custom harvesting, regardless of whether or not they are controlled or operated by a farmer.
United States · United States Congress · 20 March 1991
Recognizes the role of the National Railroad Passenger Corporation (Amtrak) in preserving a national rail passenger system and providing Americans with an energy efficient, environmentally preferable transportation alternative. Declares that the need for a balanced national transportation system dictates that transportation planners consider the many advantages of improved rail passenger services as they look to addressing national and regional transportation concerns.
United States · United States Congress · 14 March 1991
Tourism Policy and Export Promotion Act of 1991 - Declares it to be the national goal to increase U.S. export earnings from U.S. tourism and transportation services traded internationally and to maintain a travel and tourism export surplus to help eliminate the U.S. trade deficit. Requires the Secretary of Commerce (Secretary) to improve the survey of international air travelers providing data to estimate the U.S. balance of payments in international travel, and report to the Congress on such efforts. Requires the Secretary to: (1) identify acts, policies, or practices of foreign countries that constitute barriers to, or distortions of U.S. travel and tourism exports; (2) estimate the trade-distorting impact on U.S. commerce of any such act, policy, or practice; and (3) estimate the value of additional U.S. travel and tourism exports that would have been exported to such foreign countries if such acts, policies, and practices did not exist. Requires the Secretary to take appropriate action to ensure that foreign tourists are not unnecessarily delayed when entering the United States. Amends the International Travel Act of 1961 to require the Secretary to submit to the Congress annual tourism trade development plans to stimulate travel to the United States. Requres such a plan to focus on those countries in which tourism trade development has the greatest potential for increasing travel and tourism export revenues. Requires at least one member of the Travel and Tourism Advisory Board to be a city representative knowledgeable of tourism promotion. Revises the length of service of members on the Board. Requires the Board to send its comments to the Congress with regard to a marketing plan to stimulate travel to the United States. Declares that the Congress finds that increased efforts directed at the promotion of rural tourism will contribute to the economic development of rural America. Establishes the Rural Tourism Development Foundation. Authorizes the Secretary to assist the Foundation in the development and promotion of rural tourism. Directs the Secretary to assemble information on economic activity associated with scenic and recreational travel, including case studies of existing scenic byways. Requires the Secretary to study and transmit to the Congress a report on such information. Sets forth specified policy considerations with respect to national tourism. Adds as members to the Tourism Policy Council the Secretary of Agriculture, the Chairman of the Tennessee Valley Authority, the Commanding General of the Corps of Engineers of the Army, and the Administrator of the Small Business Administration. Authorizes appropriations for FY 1991 through 1993.
United States · United States Congress · 14 March 1991
American Energy Independence Act of 1991 - Title I: Energy Conservation - Subtitle A: Telecommuting Infrastructure Act of 1991 - Telecommuting Infrastructure Act of 1991 - Directs the Departments of Transportation (DOT) and of Energy (DOE) to study the costs and benefits, in their respective sectors, of telecommuting ("flex-place" working via telephone and computer, usually from home). Makes companies which offer or expand telecommuting flex-place programs eligible for certain Federal business tax credits. Amends the Communications Act of 1934 to prohibit a telephone exchange service carrier from providing video program service in its telephone exchange service area except through an affiliated video program subsidiary separate from such carrier. Requires any such carrier which provides telephone exchange service and the video program service of its subsidiary over an integrated broadband distribution system to establish a video gateway. Subtitle B: Other Conservation Measures - Amends the Energy Conservation and Production Act to require Federal agency heads to adopt procedures to assure that the construction of any new Federal building meets or exceeds certain applicable energy efficiency performance standards. Amends the National Energy Conservation Policy Act to direct the Secretary of Energy (Secretary) to promulgate guidelines for procedures to be implemented by State governments that would enable the assignment of energy efficiency ratings to residential buildings. Directs the Secretary to: (1) pursue a research and development (R & D) program to improve energy efficiency and productivity in energy intensive industries and industrial processes; and (2) undertake joint ventures to encourage the commercialization of technologies so developed. Authorizes appropriations. Directs the Secretary to establish specified voluntary energy efficiency guidelines for industrial plants. Amends the Energy Policy and Conservation Act to direct the Secretary to evaluate and report to the Congress on the feasibility of requiring electric lights, utility distribution transformers, and electric motors and pumps to meet minimum energy efficiency levels. Title II: Oil - Amends the Internal Revenue Code to impose a variable excise tax on imported crude oil and refined petroleum products. Amends the Energy Policy and Conservation Act to direct the Secretary to take all necessary steps to expedite the increase of Strategic Petroleum Reserve storage capacity to 1,000,000,000 barrels of petroleum product. Sets a new capacity goal of 2,000,000,000 by FY 2003. Title III: Natural Gas - Creates a defense to any Federal civil or criminal antitrust action brought against cooperative associations of independent natural gas producers with respect to any voluntary marketing agreements or plans of action undertaken out of market necessity and with no purpose to reduce competition. Requires the Federal Energy Regulatory Commission (FERC) to: (1) determine if the charges, classifications, or practices of other domestic pipelines serving the market which certain import facilities serve confer an unjust competitive disadvantage on domestic natural gas producers; and (2) fix charges, classifications, or practices which would not confer such a competitive disadvantage. Title IV: Coal - Subtitle A: Value-Added Coal Refinery Act of 1991 - Value-Added Coal Refinery Act of 1991 - Directs the Secretary to establish within DOE a research, development, demonstration, and commercialization program for coal refining technologies based on hydrocracking to produce a slate of value-added clean burning boiler and transportation fuels, fuel additives, lubricants, chemical feedstocks, and carbon-based manufactured products more economically and efficiently than currently available commercial technology. Subtitle B: National Clearinghouse for Coal Fuels Technology Act of 1991 - Directs the Secretary to establish within DOE a clearinghouse for the collection and dissemination of information and data on coal and coal-derived fuel technology. Authorizes appropriations. Requires DOE to conduct a Magnetohydrodynamic (MHD) Proof of Concept Program leading to the design, construction, and operation of an MHD retrofit plant. Authorizes appropriations. Title V: Electricity - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to direct the Secretary to solicit proposals for, and provide financial assistance to, at least one joint venture for the demonstration of electric fuel cell technology. Authorizes appropriations. Amends the National Energy Conservation Policy Act to direct the Secretary to conduct a program to promote the early commercial application of electricity-producing fuel cell systems by the demonstration of such systems in Federal buildings. Authorizes appropriations. Title VI: Alternative Fuels - Alternative Fuels Act of 1991 - Directs the Secretary to establish a program to promote the development and use of domestic-produced replacement and alternative fuels. Requires the Secretary to prescribe the minimum percentage of such fuels a refiner must sell as a motor fuel in 1996 through 1998. Authorizes appropriations. Title VII: Renewable Energy - Amends the Internal Revenue Code to allow a renewable energy production tax credit for specified energy technologies. Title VIII: General Effective Date - Makes this Act effective upon enactment.
United States · United States Congress · 14 March 1991
Omnibus Transportation Employee Testing Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring domestic and foreign air carriers to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program. Prohibits such employees from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) engaged in such use while on duty; (2) prior to such use had undertaken or completed a rehabilitation program; (3) refuse to undertake such rehabilitation program; or (4) fail such rehabilitation program. Requires domestic and foreign air carriers to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems. Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for safety-sensitive functions and who need assistance in resolving substance abuse problems. Outlines the requirements of such program. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to issue regulations that establish a program which requires railroads to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of railroad employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Outlines the requirements for such testing program. Requires each railroad to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems. Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary to establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for use of alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving loss of human life, serious bodily injury, or significant property damage. Directs the Secretary to issue regulations setting forth the requirements for a rehabilitation program for the identification and treatment of commercial motor vehicle operators who are determined to have used alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions against operators who are determined, as a result of such tests, to have used alcohol or a controlled substances without lawful authorization (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use without lawful authorization of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results. Authorizes appropriations for such pilot testing program. Directs the Secretary to issue regulations that establish a program which requires mass transportation operations which receive mass transportation assistance under the Urban Mass Transportation Act of 1964 to conduct preemployment, reasonable suspicion, random, periodic recurring, and post-accident testing of mass transportation employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Secretary to issue regulations setting forth requirements for rehabilitation programs which provide for the identification and treatment of mass transportation employees who are determined to have used alcohol or a controlled substance. Outlines the requirements for such program. Requires the disqualification for a period of time or dismissal of mass transportation employees who have been determined to have used alcohol while on duty or a controlled substance, whether on duty or not on duty. Prohibits a person from receiving mass transportation assistance if such person is required to establish an alcohol and controlled substances testing program and fails to establish such a program.
United States · United States Congress · 14 March 1991
Establishes the Senate Select Committee on POW/MIA Affairs to receive, concurrently with other committees of the Senate with jurisdiction, all messages, petitions, memorials, and other matters relating to U.S. personnel unaccounted for from military conflicts.
United States · United States Congress · 13 March 1991
General Aviation Accident Liability Standards Act of 1991 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions that exceed $50,000 for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.
United States · United States Congress · 13 March 1991
Amends the Trade Act of 1974 to require the United States Trade Representative to take specified trade action, and in certain cases has discretionary authority to take such action, against a foreign country whose act, policy, or practice threatens to burden or restrict U.S. commerce. Declares that an act, policy, or practice that threatens to burden or restrict U.S. commerce is an act, policy, or practice that does not currently burden or restrict such commerce, but, if not corrected, is reasonably expected to burden or restrict it.
United States · United States Congress · 13 March 1991
Amends the Internal Revenue Code to increase the personal exemption for dependents who have not attained age 19, or who are students and have not attained age 24.
United States · United States Congress · 13 March 1991
Amends Federal transportation law to revise criteria used by the Interstate Commerce Commission in making determinations with respect to applications for abandonment or discontinuance of railroad lines and rail transportation in rural and agricultural areas, especially if abandonment or discontinuance will have a serious adverse effect on development. Requires rail carriers listing a railroad line for abandonment or discontinuance to make specified records and justifications available to government agencies or local governments. Grants lessees of property or facilities owned by a rail carrier proposing an abandonment or discontinuance elsewhere the right of first refusal to buy a facility served by the line to be abandoned or discontinued.
United States · United States Congress · 13 March 1991
Title I - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
United States · United States Congress · 13 March 1991
Federal Deposit Insurance Improvements Act of 1991 - Title I: Amendments to Federal Banking Acts - Subtitle A: Improvements - Federal Banking Agency Improvements Act of 1991 - Amends the Federal Deposit Insurance Act to specify the length of interim appointments to the Federal Deposit Insurance Corporation (FDIC) Board of Directors. Revises conversion authority to authorize the FDIC to approve conversion transactions that affect insubstantial portions of the total deposits of each depository institution acquired as part of the conversion transaction. Repeals the requirement that the FDIC notify other regulators 30 days before suspending deposit insurance in certain emergencies. Grants priority (with certain exceptions) to claims brought by the FDIC against an insured depository institution or its personnel in any proceeding relating to other claims against such an institution or its officers or employees. Repeals the exemption granted to certain State-chartered savings associations with respect to compliance with regulations of the Director of the Office of Thrift Supervision relating to subsidiaries. Mandates that any depository institution (currently, any savings association) whose deposits are not FDIC-insured conspicuously state that its deposits are "not federally insured." Amends the Federal Home Loan Bank Act to direct the Resolution Trust Corporation (RTC) to repeal: (1) the prohibition against selling property in certain distressed areas for less than 95 percent of its market value; (2) the requirement to sell certain residential property to low-income buyers, at below market value prices; and (3) the provision for a "net realizable market value" below market value. Imposes criminal penalties upon certain institution-affiliated parties prohibited from participating in the affairs of depository institutions if such parties knowingly participate in any manner in the affairs of: (1) any appropriate Federal depository institution regulatory agency; or (2) the Federal Housing Finance Board and any Federal Home Loan Bank. Amends Federal banking law to authorize the Comptroller of the Currency, without notice or prior hearing, to appoint a receiver to take possession and control of a national bank if it is in an unsafe or unsound condition, including having substantially insufficient capital. (Currently, the Comptroller may appoint a receiver only if the bank is insolvent or has violated the National Bank Act.) Subtitle B: Asset Conservation and Deposit Insurance Protection - Asset Conservation and Deposit Insurance Protection Act of 1991 - Amends the Federal Deposit Insurance Act to limit the liability of an insured depository institution or mortgage lender with respect to Federal law imposing strict liability for the release (or threatened release) of a hazardous substance from property: (1) acquired through foreclosure; (2) held in a fiduciary capacity; or (3) held by a lessor or subject to financial control or oversight pursuant to the terms of a credit extension. Denies such limitation on liability to persons that caused or contributed to a release or failed to take reasonable steps to prevent a continued release. Grants immunity from such strict liability to: (1) Federal banking and lending agencies; and (2) the first subsequent purchaser of property from such Federal entities (except in certain circumstances). Exempts Federal banking and lending agencies from any law requiring them to grant convenants warranting remedial action. Mandates that appropriate Federal financial institutions, regulatory agencies and the Secretary of Housing and Urban Development issue regulations requiring insured depository institutions and mortgage lenders, respectively, to develop and implement procedures to evaluate actual and potential environmental risks that may arise from property prior to making an extension of credit secured by such property. Subtitle C: Amendments to Public Law 96-510 - Amends the Comprehensive Environmental Responses, Compensation, and Liability Act of 1980 with respect to parity of treatment for: (1) the States and Federal Government with respect to property acquired involuntarily; and (2) emergency response actions of a Federal banking or lending agency. Title II: Clarifying Amendments to the Federal Deposit Insurance Act - Prohibits an insured depository institution from indemnifying its personnel (or other institution-related persons) for costs related to actions brought successfully by a Federal banking agency against such institution-related persons. Grants the FDIC the same powers and rights over the assets and liabilities of the FSLIC Resolution Fund as it has over other jurisdictional matters under the Federal Deposit Insurance Act. Declares the FDIC to be the successor receiver or conservator to FSLIC wards. States that if a consolidation or acquisition involves a savings association eligible for assistance and a bank (or bank holding company), the resulting entity (currently, the savings association) may retain and operate any existing branch or facilities. Amends the Federal Home Loan Bank Act to provide that upon the filing of a pleading informing the court that the RTC has been appointed conservator or receiver for a party, the RTC shall be deemed substituted in any legal proceeding involving that party. Title III: Technical Amendments to the Federal Deposit Insurance Act - Makes clerical amendments to the Federal Deposit Insurance Act.
United States · United States Congress · 13 March 1991
Economic Growth and Venture Capital Act of 1991 - Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Provides for indexing the limitation on capital losses of noncorporate taxpayers.
United States · United States Congress · 12 March 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burden of proof which the complaining party and the respondent must meet in certain situations relating to unlawful employment practices based on disparate impact. Declares that, for determining whether a litigated or consent judgment or order resolving a claim of employment discrimination binds only the individuals who were parties to the judgment or order, the Federal Rules of Civil Procedure shall apply in the same manner as to other civil actions. 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. Amends the Civil Rights Act of 1964 to declare that an alleged unlawful employment practice occurs, with regard to a seniority system, when: (1) the system is adopted; (2) an individual becomes subject to the system; or (3) a person is injured by application of the system or provision, adopted for an intentionally discriminatory purpose, whether or not the discriminatory purpose is apparent on the face of the provision. Makes it an unlawful employment practice to harass an employee or applicant because of race, color, religion, sex, or national origin, provided the complaining party failed to use the employer's procedure for resolving harassment complaints. Provides for temporary or preliminary relief and for monetary awards to a specified maximum amount. Delays the deadline for filing charges for a limited period while an employee uses the employer's harassment resolution system. Allows expert's fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Replaces, in provisions prohibiting employment discrimination by the Federal Government, a reference to the legislative branch with a reference to the Congress, or its Houses, committees, offices or instrumentalities, or the offices of any of its Members. Gives, with respect to such entities, the authorities of the Equal Employment Opportunity Commission to each House of Congress, or to the Congress as a whole. Encourages, when knowingly and voluntarily agreed to by the parties, reasonable alternative means of dispute resolution in place of the judicial resolution of disputes under this Act and the Acts amended by this Act.
![Official portrait of Sen. Burns, Conrad R. [R-MT]](https://www.congress.gov/img/member/b001126_200.jpg)