United States · United States Congress · 26 November 1991
Repeals the Assault Weapon Manufacturing Strict Liability Act of 1990, signed by the Mayor of the District of Columbia. Restores or revives any provisions of law amended or repealed by it.
United States · United States Congress · 26 November 1991
Amends the Federal criminal code to provide that testimony of a witness that is based on the witness's personal knowledge, irrespective of whether the witness has been exposed to compelled, immunized testimony, shall not be considered to be derived from or to constitute a use of the compelled testimony if: (1) the prosecution has made no use of the immunized testimony; and (2) the witness was not exposed to the immunized testimony by the prosecution. Requires this Act to be applied so as to fully protect a witness's privilege against self-incrimination in all respects.
United States · United States Congress · 17 October 1991
Expresses the sense of the Congress that the United States should continue to support the full protection of the African elephant through an unqualified listing of all populations of the African elephant on Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
United States · United States Congress · 25 September 1991
Small Business Recovery Act of 1991 - Authorizes the Small Business Administration (SBA) to enter into agreements to participate, on a guaranteed basis, in the purchase of eligible securities issued pursuant to this Act by certain financial institutions. Sets forth participation criteria. Establishes the Regional Small Business Recovery Panel to evaluate: (1) applications submitted pursuant to this Act; (2) the type of proposed debt or equity security; and (3) claims for repurchase of approved securities by the SBA. Requires the SBA to submit a progress report to the Congress. Establishes the Regional Small Business Recovery Fund.
United States · United States Congress · 18 September 1991
Designates December 4, 1991, as Hawaii Remembrance Day, to recognize contributions provided by Federal civilian employees during the attack on Pearl Harbor and during World War II.
United States · United States Congress · 16 September 1991
Designates 1992 as the Year of the Gulf of Mexico. Expresses the sense of the Congress that governmental entities that have responsibilities relating to the Gulf should work to increase public awareness concerning the immeasurable value of the Gulf's resources and conditions that threaten its aesthetic and economic value.
United States · United States Congress · 31 July 1991
Expresses appreciation to William H. Webster on the occasion of his retirement for exceptionally distinguished service to the Federal judiciary, the Federal Bureau of Investigation, the Central Intelligence Agency, the national intelligence community, and the United States.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 28 June 1991
Limited Partnership Rollup Reform Act of 1991 - Amends the Securities and Exchange Act of 1934 to revise proxy solicitation rules with respect to partnership rollup transactions (in which general partners combine several limited partnerships into one unit that trades on a stock exchange). Requires any proxy rules prescribed by the Securities Exchange Commission (SEC) to: (1) permit dissenting shareholders in a proposed rollup to contact other limited partners before the transaction date without first having to file a written proxy statement with the SEC; (2) prohibit any general partner from paying directly or indirectly any person providing solicitation services (a broker-dealer) on the basis of whether the solicitations either approve or disapprove the proposed transaction, or the compensation is contingent on the transaction's approval or completion; (3) require the issuer to provide to a shareholder (limited partner) a list of all limited and general partners involved in the proposed rollup; (4) require the rollup prospectus to be clear, concise, and understandable and summarize all effects of the proposed transaction, conflicts of interest, changes in voting rights and ownership interests, dissenters' rights, and other pertinent information; (5) provide that the soliciting material describe in reasonable detail any opinion, appraisal, or report that is prepared by a person, unaffiliated with the general partner or sponsor and received by the entity subject to the transaction or its affiliates and that is related to the proposed transition; (6) require that each prospectus be accompanied by an independent opinion on the rollup's fairness; and (7) give each shareholder at least 60 days to review the prospectus; and (8) contain such other provisions as the SEC determines necessary. Requires the rules of a national securities association to prevent association members from participating in any rollup transaction unless it protects the rights of dissenting limited partners, including: (1) the right to an appraisal and compensation, or to retain a security under the same terms as the original issue; (2) the right not to have dissenters' voting power unfairly reduced or abridged; (3) the right not to bear the costs of a rejected rollup; and (4) restrictions on the conversion of management profit-sharing interests and incentive fees into asset-based management fees. Requires a national securities exchange to prohibit the listing of any security resulting from a rollup transaction unless it provided for such dissenters' rights. Requires SEC rules to prohibit any national market system from trading any security resulting from a rollup transaction unless it provided for such dissenters' rights.
United States · United States Congress · 24 June 1991
Amends the Internal Revenue Code to make permanent the provisions permitting small issues of tax-exempt bonds to finance manufacturing facilities and farm property.
United States · United States Congress · 6 June 1991
Medical Injury Compensation Fairness Act of 1991 - Deems any person accepting or providing health care which is to be paid for, in whole or in part, directly or indirectly, with funds under the Social Security Act, the Public Health Service Act, or any other Federal Act to have agreed to participate in the dispute resolution program established under this Act. Makes such agreement binding and enforceable in court. Requires any claim against health care providers for personal injury arising from care rendered under such Acts that is not settled voluntarily by the parties to be resolved only through a resolution service certified under this Act. Requires liability to be determined under the standard of care prescribed by State law except that, in certain circumstances: (1) particular services must be rendered in accordance with medical practice guidelines certified under this Act; (2) expert witnesses must possess specified qualifications; or (3) an alternative method of compensation which has been certified under this Act is applicable. Limits noneconomic damages. Reduces awards for collateral source payments. Provides for periodic payment of certain amounts for future damages. Prohibits paying punitive damages to the claimant, requiring in certain circumstances that they be paid to the State. Requires, subject to exception, that charges by the resolution service be paid by the party against whom the claim is substantially resolved. Amends provisions of the Internal Revenue Code relating to trade or business expenses to prohibit deductions for employer health plan expenses unless the covered employees agree to mandatory and final dispute resolution through a service certified under this Act. Directs the Secretary of Health and Human Services to develop: (1) a standard notice to persons regarding their option to enter into agreements with health care providers to resolve claims in a manner consistent with this Act; and (2) a standard contract for such purposes. Requires health care providers, as a condition of eligibility for reimbursement under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, to make a good faith effort to enter into agreements with persons not subject to certain provisions of this Act to provide for the resolution of medical injury claims in a manner consistent with provisions of this Act. Deems contracts entered into in accordance with this provision to be binding and valid contracts in all courts. Directs the Secretary to promulgate: (1) regulations that establish the criteria and procedures to determine whether to certify an alternative dispute resolution service, allowing waiver of the criteria and procedures in certifying services sponsored by the States; and (2) regulations that establish the criteria for certifying medical practice guidelines and that establish the criteria for certifying alternative methods of compensating personal injuries and other losses without regard to provider fault. Declares that the procedures required by this Act are exclusive and prohibits any action seeking recovery for any personal injury covered by this Act in any State or Federal court, except as expressly provided in this Act. Provides that specified provisions of this Act apply to health care plans approved as part of collective bargaining agreements.
United States · United States Congress · 4 June 1991
Civil Rights and Remedies Act of 1991 - Amends Federal law to allow compensatory damages and equitable civil penalty for intentional employment discrimination on the basis of religion, sex, national origin, or disability. Limits nonpecuniary compensatory damages and the civil penalty to specified dollar amounts, with higher limits for employers with over 100 employees. Prohibits prejudgment interest on compensatory damages. Allows the equitable penalty when there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Requires, if such a penalty is imposed, awarding attorney's and expert witness fees. Prohibits subtracting those fees from the penalty. Allows a court to direct that the penalty be expended, in whole or in part, to correct discriminatory practices at the place of employment or in the community in which the discriminatory practice occurred, using the funds for actions such as public awareness or education programs. Requires that any amounts of the equitable penalty not directed to be used for such corrective actions be deposited in the Equal Employment Enforcement Trust Fund established by this Act. Allows any party, if compensatory damages are sought, to demand a jury trial. Amends the Internal Revenue Code to establish in the Treasury the Equal Employment Enforcement Trust Fund consisting of amounts equivalent to the equitable civil penalties under this Act not used to take corrective actions where the discriminatory practice occurred. Requires that, as provided in appropriations Acts: (1) half of the amounts in the Fund be available for carrying out enforcement provisions of the Civil Rights Act of 1964; and (2) half be available for carrying out specified provisions of the Family Violence Prevention and Services Act. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.
United States · United States Congress · 4 June 1991
Equal Employment Opportunity 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 an assertion that a particular employment practice or group of employment practices results in disparate impact. Declares that the mere existence of a statistical imbalance is not alone sufficient to establish a prima facie case of employment discrimination. Prohibits construing these provisions to overrule any existing case concerning whether recovery is available under title VII (Equal Employment Opportunities) of the Act under a comparable worth theory. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment-related tests on the basis of race, color, religion, sex, or national origin, except to comply with a court order aimed at remedying past discrimination. Defines "required by business necessity" to mean that the challenged practice must: (1) in the case of practices involving selection, bear a manifest relationship to requirements for effective job performance; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Declares that it is the intent of the Congress, in specified provisions of this Act, to codify the meaning of business necessity used in Griggs v.Duke Power Co. and overrule Wards Cove Packing Co. v. Antonio . Declares that: (1) the rights and protections under the amendments made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under such title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Congressional Budget Office, the General Accounting Office, and the Office of Technology Assessment. Declares that: (1) nothing in this Act or the amendments made by this Act shall be construed to limit an employer in establishing job requirements that are otherwise lawful under title VII; (2) nothing in title VII or this Act shall be construed to require or encourage an employer to adopt hiring or promotion quotas or to prevent an employer from hiring the most effective individual for the job; and (3) nothing in the amendments made by this Act shall be construed to affect court-ordered remedies, voluntary employer actions for work force diversity, or affirmative action or conciliation agreements, that are otherwise in accordance with the law.
United States · United States Congress · 4 June 1991
Civil Rights Restoration Act of 1991 - 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 contracts; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of any discrimination, declaratory relief, limited types of injunctive relief, and attorney's fees and costs. Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions: (1) challenging an order entered before enactment of this Act, by persons who had certain types of notice and opportunity; and (2) challenging an order entered after enactment of this Act, by an employee, former employee, or applicant who had certain types of notice and opportunity, and by other persons whose interests were adequately and completely represented by a similarly situated person. Declares that an unlawful employment practice occurs when: (1) a seniority system is adopted, an individual becomes subject to a system, or a person aggrieved is injured by the application of a system or a part of a system; and (2) the system is alleged to have been adopted for an intentionally discriminatory purpose, in violation of title VII, whether or not that discriminatory purpose is apparent on the face of the system. Allows expert 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. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the Equal Employment Opportunity Commission (EEOC) to give certain notice if it dismisses a charge or otherwise terminates proceedings. Sets forth time limits for bringing a civil action. Declares that: (1) the rights and protections provided under specified provisions of Federal law (relating to equal rights under the law) and the amendments made by this Act apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964, the ADEA, specified Federal law relating to equal rights under the law, and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII, the ADEA, such Federal law, and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of such an instrumentality, with the chief official establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. 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 · 22 May 1991
Paperwork Reduction Act of 1991 - Title I: Authorization of Appropriations - Amends the Paperwork Reduction Act of 1980 to authorize appropriations to the Office of Information and Regulatory Affairs for 1992 through 1996. Title II: Reducing the Burden of Federal Paperwork on the Public - Makes Federal agencies accountable for reducing the burden of Federal paperwork on the public. Makes the Act applicable to all federally sponsored paperwork. Requires a Government-wide paperwork reduction goal of at least five percent and individual agency goals that aggregate to the Government-wide goal. Title III: Enhancing Federal Agency Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Makes the senior official charged with carrying out the responsibilities of the agency under the Act the head of a separate office with qualified staff responsible for assuring agency compliance with requirements under the Act. Requires each agency to prepare estimates of burden that will result from proposed collections of information. Establishes a certification process for the review of each information collection request before it is submitted to the Director of the Office of Management and Budget (OMB) for approval. Title IV: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Makes the OMB Director responsible for ensuring that all information collection requests display an estimate of the paperwork burden for each response. Requires OMB procedures in order for agencies to estimate the burden to comply with proposed collections of information. Require coordination with the Office of Federal Procurement Policy to eliminate paperwork burdens associated with procurement and acquisition. Requires OMB pilot projects to test approaches to improve information management practices and related activities. Reduces the time afforded the OMB Director for approving a routine agency request to collect information. Provides for greater participation by the public and Federal agencies in the review of proposed paperwork burdens generated by agency information requests. Requires the OMB Director to make publicly available any decision to disapprove a collection of information requirement contained in an agency rule, together with the reasons for such decision. Provides protection for whistleblowers of unauthorized Federal paperwork burdens. Provides for expedited OMB review of an agency information request with a reduced paperwork burden. Title V: Additional Government Information Management Responsibility - Revises the statistical policy and coordination functions of the OMB Director. Requires the OMB Director to: (1) establish an interagency working group on statistical policy, consisting of the heads of the agencies with major statistical programs, to coordinate agency statistical activities; and (2) provide training in the statistical policy functions of the chief statistician to Federal employees. Provides for Government-wide standards for sharing public information. Requires the OMB Director to develop a plan for meeting the automatic data processing needs of the Federal Government in accordance with the Act and certain requirements of the Federal Property and Administrative Services Act of 1949. Requires the OMB Director to make the Federal Information Locator System available on electronic media to Federal agencies and the public. Requires the OMB Director's annual report to the Congress to list any increased Federal paperwork burdens and describe each agency's plans to implement the applicable policies, standards, and guidelines under the Act. Title VI: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 22 May 1991
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and other international agreements to which Iran is a party. Calls upon the President to continue to: (1) urge the Government of Iran to emancipate the Baha'i community by granting such rights; (2) emphasize that the United States regards the human rights practices of such Government, particularly its treatment of the Baha'is and other religious minorities, as a significant element in the development of U.S.-Iranian relations; and (3) cooperate with other governments and international organizations in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 21 May 1991
Condemns the murder of former Prime Minister Rajiv Gandhi and others in the bomb explosion on May 21, 1991. Expresses regret over the deaths of Gandhi and other victims of election violence in India. Offers condolences to Gandhi's widow and children and to the people of India. Stands in solidarity with the Indian people in their effort to sustain the most successful democratic tradition in the developing world.
United States · United States Congress · 7 May 1991
Designates the week beginning July 21, 1991, as Korean War Veterans Remembrance Week. Requires the President to urge that the American flag be flown at half staff on July 27, 1991, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 25 April 1991
Expresses the sense of the Senate that: (1) the accession of Taiwan to the General Agreement on Tariffs and Trade (GATT) is in the best interest of the United States and of the world trading system and should be achieved in an expeditious manner; and (2) the United States should take the necessary steps to assure such country's membership in the GATT.
United States · United States Congress · 18 April 1991
Korean War Veterans War Memorial Amendments Act of 1991 - Amends Federal law to authorize the American Battle Monuments Commission to obtain a building permit no later than October 28, 1993, for the construction of a memorial on Federal land in the District of Columbia or its environs to honor members of the U.S. armed forces who served in the Korean War.
United States · United States Congress · 18 April 1991
Declares that the Senate expresses its: (1) regret that Senator Pryor's illness will require his absence from the Senate Chamber; and (2) heartfelt wishes to him for a speedy and complete recovery, and that he return to his duties, serving the people of Arkansas, in the near future.
United States · United States Congress · 11 April 1991
Expresses the sense of the Senate that neither the President nor the Congress should impose fees, levies, or diversion requirements on imported crude oil and refined petroleum products.
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
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 · 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
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 · 12 March 1991
Savings and Investment Incentive Act of 1991 - Title I: Retirement Savings Incentives - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost of living adjustment for deductible amounts. Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Title II: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (2) financially devasting medical expenses.
United States · United States Congress · 7 March 1991
Amends the Internal Revenue Code to permit tax-exempt private foundations and community foundations to establish tax-exempt cooperative service organizations to operate exclusively for charitable purposes. Declares that the excise tax based on investment income applies to such organizations.
United States · United States Congress · 5 March 1991
Operation Desert Shield/Desert Storm Commemorative Coin Act - Requires the Secretary of the Treasury to issue one dollar coins emblematic of the U.S. military's participation in Operation Desert Shield/Desert Storm. Sets a termination date for the Secretary's authority. Mandates that the: (1) minting and issuing of such coins will not result in any net cost to the Federal Government; (2) surcharges received from the sale of such coins be used to defray the costs of Operation Desert Shield/Desert Storm; and (3) Congress receive annual reports on all surcharge funds expenditures.
United States · United States Congress · 28 February 1991
Applauds and expresses the appreciation of the Nation to President George Bush, Secretary of Defense Dick Cheney, Armed Forces Chief of Staff Colin Powell, Desert Storm Commander Norman Schwarzkopf, the American forces deployed in the Persian Gulf region, the forces from our coalition partners, and the families of American service men and women participating in Operation Desert Storm. Sends condolences to the families of those killed during such operation. Demands from Saddam Hussein: (1) the immediate release of all prisoners of war held by Iraq; (2) a complete accounting for all American and coalition forces listed as missing in action or otherwise unaccounted for; and (3) the immediate and unconditional release and return of all Kuwaiti citizens held by Iraqi forces. Urges all relevant authorities to seriously examine the issue of possible war crimes by Hussein and other Iraqi military leaders and forces and to hold Iraq responsible in principle for reparations for the destruction caused by the invasion and occupation of Kuwait.
United States · United States Congress · 26 February 1991
Ensuring Access Through Medical Liability Reform Act of 1991 - Title I: Grant Programs - Subtitle A: Implementation of Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the development or implementation of alternative dispute resolution systems (ADRSs). Defines ADRS to mean a system to resolve claims involving health care malpractice other than through a health care malpractice action and meeting other requirements. Allows a State to refuse a grant. Requires that a State ADRS provide for the resolution of health care claims for all individuals receiving health care services in the State and be of the following types: (1) fault-based administrative systems; (2) defined catastrophic injury compensation systems; (3) early offer and recovery mechanisms; (4) binding arbitration; or (5) a State-initiated alternative to such systems. Sets forth requirements for each system type. Subtitle B: Other Grant Programs - Directs the Secretary to make grants to States and private nonprofit organizations for basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Declares that the Secretary shall determine the amount of a grant. Directs the Secretary to make grants to States to improve the State's ability to license and discipline health care professionals. Declares that the Secretary shall determine the amount of a grant. Directs the Secretary to provide technical assistance to States to assist them in evaluating their medical practice acts and procedures and to encourage the use of early warning systems and for disciplining health care professionals. Directs the Secretary to make grants for: (1) educating the public about the appropriate use of health care and realistic expectations; (2) educating the public about professional licensing and discipline; and (3) developing faculty training and curricula on quality assurance, risk management, and medical injury prevention. Subtitle C: Administrative Provisions - Sets forth administrative procedures for supplemental grants using any remaining amounts under this title. Authorizes appropriations for grants under this title. Title II: Health Care Malpractice Dispute Reform - Declares that provisions in this Act relating to civil actions govern any health care malpractice action brought in any Federal or State court and any health care malpractice claim resolved through arbitration, subject to exceptions relating to the National Vaccine Injury Compensation Program. Prohibits requiring any person to pay for future damages exceeding a specified amount in a single payment, but allows such payments on a periodic basis. Requires damages to be reduced by any governmental or private payment intended to compensate for the injury. Limits the amount of damages which may be paid for noneconomic losses and the percentage of any award or settlement which may be paid as attorney's fees. Sets forth time limits on initiation of actions. Supersedes State laws with higher payment limits, greater damages, greater attorney's fees, or longer time limits. Mandates that a State, in order to receive assistance under the Public Health Service Act, certify that it: (1) allocates an amount equal to all health professional licensing or certification fees to State agencies responsible for disciplinary actions for each type of health professional; (2) requires certain service providers to have a risk management program to prevent and provide early warning of unsafe practices; (3) requires each health care practitioner liability insurance entity to establish or sanction risk management programs and require practitioners they insure to participate; (4) requires each State agency responsible for disciplinary actions to enter into agreements with professional societies to permit the review by the societies of the practice patterns of a health care practitioner. Sets forth confidentiality and other requirements. Exempts large entities with continuing quality review programs which report certain findings to the State disciplinary agency for that type of practitioner. Prohibits any activity under such an agreement from being grounds for any State or Federal civil or criminal antitrust action, or any other State civil action. Prohibits the Secretary of Health and Human Services from entering into certain agreements with a State under title XVI (Supplemental Security Income) of the Social Security Act unless the State certifies that it meets the requirements of this paragraph. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make a grant to an entity that represents recipients of assistance under provisions relating to migrant health centers and community health centers to enable the entity to develop a business plan for, and to establish, a nationwide risk retention group as provided for in the Liability Risk Retention Act of 1986, and that meets other requirements. Allows the group to negotiate with other entities for the purpose of managing and administering the group, and for obtaining reinsurance. Requires the group to provide professional liability insurance, and other types of profitable insurance approved for issuance by the Secretary, to migrant and community health centers. Requires the centers, subject to exception, to become members of the group and purchase the group's insurance. Makes all professional staff members of the centers eligible to obtain the group's insurance. Requires the group to engage outside experts in insurance, financing, and business to analyze and audit the group. Requires the experts to provide the group with an evaluation of the plan and group. Requires the group to submit the plan and the evaluation to the Secretary. Directs the Secretary to permit implementation of the plan and operation of the group if the Secretary determines that the operation of the group will result in an increase in the amount of funds available for use by community and migrant health centers and other entities receiving assistance under the specified provisions. Authorizes appropriations for preparation of the plan, establishment of the group, and capitalization of the group. Requires assets remaining after dissolution of the group to be used by the Secretary to pay the remaining expenses of the group. Authorizes appropriations to carry out specified provisions relating to migrant health centers and community health centers.
United States · United States Congress · 22 February 1991
Professional and Amateur Sports Protection Act - Prohibits a State, or any political subdivision, from sponsoring, operating, advertising, authorizing, licensing, or promoting any lottery, sweepstake, or other betting, gambling, or wagering scheme based, directly or indirectly, on any game or games engaged or conducted or scheduled by any professional or amateur sports organization, or on any performance or performances in such games.
United States · United States Congress · 21 February 1991
Lamprey River Study Act of 1991 - Amends the Wild and Scenic Rivers Act to designate a specified segment of the Lamprey River, New Hampshire, for study as a potential addition to the National Wild and Scenic Rivers System. Directs the Secretary of the Interior to complete such study within three years after enactment of this Act. Authorizes appropriations.
United States · United States Congress · 20 February 1991
Consumer Protection Against Price-Fixing Act of 1991 - Amends the Sherman Act to set forth evidentiary standards for price-fixing actions. Requires the court to allow the issue of concerted action to fix prices to be decided by the trier of fact if there is sufficient evidence from which a trier of fact could reasonably conclude that: (1) the supplier of a good or service received from a competitor of a reseller an express or implied suggestion, request, or demand that the supplier take steps to curtail or eliminate price competition; and (2) such communication was the major reason that the supplier terminated sales or supplies to the reseller. Prohibits the court from allowing the trier of fact to consider whether an individual and a competitor engaged in concerted action to set prices in violation of this Act if the court determines that the trier of fact could only find concerted action by making implausible inferences. Provides that the fact that a supplier and a reseller entered into an agreement to establish the resale price of a good or service shall be sufficient to constitute a price fixing violation, except when the agreement is to establish the maximum resale price of a good or service. Specifies that an agreement between the seller and the purchaser of a good or service to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies violates this Act, regardless of whether or not a specific price or price level is agreed upon.
United States · United States Congress · 7 February 1991
Americans with Disabilities Luxury Tax Relief Act - Amends the Internal Revenue Code to exempt from the luxury excise tax parts or accessories installed for use in passenger vehicles by disabled individuals.
United States · United States Congress · 7 February 1991
Resolution Trust Corporation Reorganization Act - Amends the Federal Home Loan Bank Act to establish the Board of Governors of the Resolution Trust Corporation to oversee and manage the Resolution Trust Corporation. Declares that its members shall be appointed by the President with the advice and consent of the Senate.
United States · United States Congress · 31 January 1991
Title X Pregnancy Counseling Act of 1991 - Directs the Secretary of Health and Human Services, notwithstanding any other provision of law, to ensure that projects receiving assistance under title X of the Public Health Service Act offer pregnant women information and counseling on all legal and medical options. Requires that women requesting information regarding an unintended pregnancy be provided with nondirective counseling and referral on prenatal care, delivery, infant care, foster care, adoption services, and pregnancy termination.
United States · United States Congress · 29 January 1991
Motor Vehicle Fuel Efficiency Act - Amends the Motor Vehicle Information and Cost Savings Act to establish average fuel economy standards for passenger automobiles and automobiles other than passenger automobiles (light trucks) (for model years 1996 and thereafter). Authorizes the Secretary of Transportation (Secretary), to modify such standards for model year 1996 and thereafter. Directs the Secretary, in response to petitions filed at least 12 months in advance of the model year, to conduct a rulemaking proceeding to determine whether to increase or decrease such standard to a level that is the maximum feasible average fuel economy for that model year, except that such standard shall not be reduced below a level equal to the average fuel economy achieved by the manufacturer of such vehicle for model year 1988, as multiplied by a specified percentage. Requires the Administrator of the Environmental Protection Agency to report annually to specified congressional committees on a study which: (1) examines the accuracy of fuel economy testing of passenger automobiles and light trucks; and (2) assesses the extent to which fuel economy deteriorates during the lifetime of such vehicles. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and additional numbers if requested. Requires the Secretary to provide for a review and report to the Congress by the National Academy of Sciences on the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the potential for improving the fuel efficiency and reducing the energy consumption of passenger automobiles and light trucks. Requires the Secretary of Energy to study and report to the Congress on the future options for regulating the fuel efficiency of such vehicles beyond 2001. Provides for the judicial review of average fuel economy standards (including modifications thereof) established under this Act. Doubles the civil penalty for repeated violations of the fuel economy standard. Requires such penalty to be adjusted for inflation.
United States · United States Congress · 24 January 1991
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.