United States · United States Congress · 4 October 1992
Federal Commercial Credit Marketing Corporation Act of 1992 - Title I: Federal Commercial Credit Marketing Corporation - Establishes the Federal Commercial Credit Corporation (the Corporation) as an instrumentality of the United States, managed by a board of directors, whose purpose is to establish a secondary commercial credit market. Outlines corporate structure and operations. Directs the Board of Governors of the Federal Reserve System (the Board) to purchase preferred stock of the Corporation from amounts attributable to the interest earned by the Board on reserves maintained by insured depository institutions. Mandates that the Corporation be rechartered as a State-chartered corporation ten years after enactment of this Act. Title II: Supervision and Regulation of Federal Commercial Credit Corporation - Subtitle A: Establishment of Regulatory Agency - Establishes in the Department of the Treasury the Office of Secondary Commercial Credit Market Examination and Oversight (the Office), under the management of a Director whose authority is subject to limited approval of the Secretary of the Treasury. Establishes the Secondary Commercial Credit Market Examination and Oversight Fund to fund the Office. Abolishes the Office (and the position of Director) subsequent to the Corporation's recharter under State law. Subtitle B: Regulatory and Enforcement Provisions - Requires the Director to establish capital standards for the Corporation including minimum capital and core capital requirements. Authorizes the Director to appoint a conservator for the Corporation in specified circumstances. Provides for judicial review of the Director's actions. Requires the Director to conduct annual financial status examinations to determine the Corporation's safety and soundness. Subtitle C: Cease and Desist Orders and Civil Money Penalties Against the Corporation - Outlines the grounds and procedural guidelines under which the Director may: (1) issue cease and desist orders for violations by the Corporation or its executive officers; (2) impose civil money penalties; and (3) issue subpoenas.
United States · United States Congress · 25 September 1992
Monetary Policy and Treasury Finance Enhancement Act of 1992 - Requires at least ten percent of the aggregate face amount of longer-term public debt obligations (bonds or notes which mature at least five years after the date of issue) issued during a fiscal year to be in the form of indexed obligations. Specifies a higher requirement in certain cases. Allows the Secretary of the Treasury to issue bond and note obligations which mature at least 270 days but less than five years after the date of issue in the form of indexed obligations. Prohibits more than 50 percent of the aggregate face amount of bond or note obligations which mature on any day from being in the form of indexed obligations. Bases indexed obligations on the Consumer Price Index. Provides for the Secretary, in consultation with the Federal Reserve, to determine the amounts, maturities, and timing of issuances of indexed obligations. Requires the Secretary to monitor the ownership and trading activity of indexed and nonindexed obligations having the same maturity dates to assure liquidity and pricing reliability. Requires the Secretary to report to the Congress on provisions of this Act every two years until the tenth year after enactment. Expresses the intent of the Congress with respect to Federal income tax treatment of indexed and nonindexed obligations.
United States · United States Congress · 15 September 1992
Managed Competition Act of 1992 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost Effective Plans - Amends the Internal Revenue Code to impose an excise tax on the excess health plan expenses of employers. Allows a full and permanent deduction for the health plan premium expenses of self-employed individuals, except with respect to excess health plan expenses. Excludes from gross income contributions by a partnership or S corporation to an accident or health plan covering its partners or shareholders. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) - Provides for the establishment of health plan purchasing cooperatives as not-for-profit corporations in or among States to: (1) enter into agreements with accountable health plans; (2) enter into agreements with small employers; (3) enroll individuals in accountable health plans; (4) receive and forward adjusted premiums, including the reconciliation of low-income assistance among such plans; and (5) coordinate and carryout other functions as required by this title. Subtitle C: Accountable Health Plans (AHPs) - Sets forth requirements for accountable health plans with respect to: registration and qualifications, uniform benefits, cost-sharing for low-income individuals, standardized information, prohibition of discrimination based on health status, standard premiums, financial solvency, grievance mechanisms, and coordinating benefits. Preempts State laws for accountable health plans. Subtitle D: National Health Board - Establishes a National Health Board to: (1) specify a uniform set of effective benefits by October 1, 1993; (2) provide for an advisory Health Benefits and Data Standards Board and a Health Plan Standards Board; (3) register accountable health plans; (4) establish rules for the process of risk-adjustment premiums; (5) establish standards for a national health data system; (6) measure the quality of care in specialized centers; and (7) make specified reports to the Congress. Subtitle E: Treatment of Areas of Ineffective Competition - Authorizes States to develop plans for controlling growth in premiums of accountable health plans where there is ineffective price competition. Subtitle F: Repeal of COBRA Continuation Requirements - Repeals provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act with respect to continuation coverage requirements of group health plans. Subtitle G: Definitions - Provides definitions for terms under this title. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides assistance to low-income individuals enrolled under accountable health plans who are not eligible for Medicare through adjustments of premiums, cost-sharing assistance, and payments for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Phases down assistance to States for long-term care from 1994 through 1997. Subtitle C: Financing - Repeals the dollar limitation on the amount of wages subject to the hospital insurance tax. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Requires the National Health Board to report to the Congress on changes in the laws needed to conform to such repeal. Title III: Improved Access in Rural and Underserved Areas - Amends the Public Health Service Act to extend authorizations of appropriations for migrant health centers, community health centers, scholarship and loan repayment programs of the National Health Service Corps, and area health education centers. Title IV: Preventive Health and Personal Responsibility Subtitle A: Expansion of Public Health Programs - Extends authorized appropriations for: immunizations against vaccine preventable diseases, lead poisoning prevention, preventive health measures with respect to breast and cervical cancers, health information and health promotion, and preventive health and health services block grants. Provides for the use of appropriated funds for the prevention, control, and elimination of tuberculosis and for grants for early intervention regarding acquired immune deficiency syndrome (AIDS). Authorizes appropriations for programs regarding the smoking of tobacco products. Subtitle B: Expansion of Medicare Coverage of Preventive Services - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage for colorectal screening, certain immunizations, well-child care, annual mammography screenings, and certain additional benefits. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth congressional findings with respect to the need for malpractice reforms. Subtitle B: Grants to States for Alternative Dispute Resolution Systems - Authorizes the Secretary of Health and Human Services to make grants to States for a two-year period for the implementation and evaluation of alternative dispute resolution systems. Sets forth eligibility requirements for States seeking such grants and standards and regulations for such program. Subtitle C: Uniform Standards for Malpractice Claims - Establishes uniform standards for health care liability actions brought in a Federal or State court and to medical malpractice claims subject to an alternative dispute resolution system, except in the case of an injury arising from the use of a medical product. Subtitle D: Liability Protections for Federally-Supported Health Centers - Provides liability protection for physicians or other licensed or certified health care practitioners deemed to be employees of the Public Health Service. Requires the Attorney General to report to the Congress on medical malpractice liability claims arising under this subtitle. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State laws that require medical or health insurance records to be maintained in written, rather than electronic form. Requires the National Health Board to ensure the confidentiality of electronic health care information and establish standardization for the electronic receipt and transmission of health plan information. Requires the Board to establish goals and time frames for: (1) the use of uniform health claims forms and identification numbers; (2) achieving uniformity in determining the liability of insurers when benefits are payable under two or more health plans; and (3) achieving uniformity in the availability of information among health plans when benefits are payable under two or more health plans. Amends the Internal Revenue Code to impose a tax on the administrator of a health plan for failure to satisfy certain health plan requirments.
United States · United States Congress · 12 August 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 10 August 1992
Local Partnership Act of 1992 - Establishes a revenue sharing program of payments to local governments. Sets forth the general framework for the use and timing of payments and for adjustments. Establishes in the Treasury a Local Government Fiscal Assistance Trust Fund (trust fund), with the Secretary of the Treasury as the personal trustee, and authorizes appropriations to finance it. Describes qualifying criteria for and conditions to be met by local governments seeking payments under the program. Requires payments withheld in cases of noncompliance. Requires the Secretary, in accordance with specified formulae, to determine the amount from the trust fund to be allocated to each State for further allocation to county, municipal, and township local governments as well as to Indian tribes and Alaskan native villages. Sets forth special rules governing allocations to territorial governments. Permits State variation of certain local government allocations. Sets forth special rules governing adjustments in local government allocations, including a limit on allocations to local government units based on a specified formula. Specifies the information to be used in making allocations under the program. Requires public hearings on proposed uses of program payments in relation to the local government's budget. Requires public disclosure of information on proposed payment uses and proposed budgets of local governments both prior to the hearing and after adoption of the budget. Prohibits discrimination under a local government program or activity on the basis of race, color, national origin, or sex if such program or activity is paid for with funds provided under this Act. Lists additional prohibitions applicable to such programs or activities. Prescribes procedures for: (1) instituting administrative proceedings for violations of such prohibitions; (2) suspending and terminating payments; and (3) judicial review of such sanctions. Sets forth provisions providing for: (1) enforcement by the Attorney General of such prohibitions; (2) civil actions by persons adversely affected by prohibited practices; (3) independent audits of local government finances; (4) investigations by the Secretary of possible violations of this Act; (5) reviews by the Comptroller General of activities of the Secretary, State governments, and local government units to determine compliance with this Act; (6) annual reports by the Secretary to the Congress on both the trust fund and the administration of the payment program; and (7) annual reports by local govermental units to the Secretary on program payments.
United States · United States Congress · 4 August 1992
Expresses the sense of the Congress that no rules, regulations, or statutes shall be adopted preventing cable systems or other multichannel video distribution systems from retransmitting professional baseball and basketball games which are carried on distant broadcast stations or requiring cable systems to "black out" such games, except as provided in the Federal Communications Commission's sports blackout rules.
United States · United States Congress · 31 July 1992
Federal Home Loan Bank Modernization Act of 1992 - Amends the Federal Home Loan Bank Act to permit the withdrawal of any member from membership in a Federal Home Loan Bank. (Currently Federal savings and loan associations are precluded from doing so.) Repeals certain guidelines regarding advances granted to a non-qualified thrift lender and the minimum stock purchase requirements for membership in a Federal Home Loan Bank. Replaces the minimum share subscription formula for Federal Home Loan Bank membership with a requirement based upon a subscriber's total assets (currently, aggregate unpaid loan principal). Repeals: (1) the 30 percent lending cap limitation on advances to members that are non-qualified thrift lenders; (2) the proscription against the acquisition of new advances from a Federal Home Loan Bank by a savings association lacking qualified thrift lender status; and (3) the minimum residential mortgage loan requirement for qualified thrift lender membership in the Federal Home Loan Bank system. Reduces from ten years to five years the waiting period before which a withdrawn member may resume membership. Modifies the formula for annual contributions by Federal Home Loan Banks to capitalize the Resolution Funding Corporation. Authorizes the Federal Home Loan Bank Board to: (1) impose assessments to make up for any deficiency resulting from such modification; and (2) establish Federal Home Loan Bank branches in the district in which the bank is located, provided that the total number of such banks and branches in all districts does not exceed 12. Directs the Federal Housing Finance Board to study and report to the Congress on: (1) the feasibility of creating a class of affiliate members of the Federal Home Loan Banks for institutions that make long term home mortgage loans; and (2) the desirability of applying requirements to such members that differ from those currently applicable in specified areas to Federal Home Loan Bank members.
United States · United States Congress · 9 July 1992
Grants the consent of the Congress to the Interstate Rail Passenger Network Compact enacted by Indiana and Tennessee, and covering those States plus Illinois, Kentucky, Georgia, and Florida.
United States · United States Congress · 9 July 1992
Mandate and Community Assistance Reform Act - Title I: Termination or Suspension of Unfunded Federal Mandates; Consolidation and Simplification of Planning and Reporting Requirements - Requires termination or suspension of an unfunded Federal mandate, or the consolidation or simplification of an associated planning or reporting requirement, upon a recommendation to the Congress to that effect by the Commission on Unfunded Federal Mandates (established by this Act). Provides that all such recommendations shall take effect automatically unless the Congress enacts a joint resolution disapproving such recommendations within 60 days of their submittal. Sets forth guidelines for congressional consideration of the Commission's recommendations. Title II: Commission on Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to: (1) investigate and review the role of unfunded Federal mandates in relations among local, State, and Federal governments; and (2) study and make recommendations to the Congress regarding the termination or suspension of a certain number of unfunded Federal mandates, or the consolidation or simplification of associated planning or reporting requirements. Requires the Commission to recommend to the Congress also: (1) a process by which State and local governments can participate in meeting national domestic objectives without the burden created by unfunded Federal mandates; and (2) those programs currently funded, operated, or administered by the Federal Government which the Commission determines would be operated or administered more effectively and efficiently by States and localities, without increases in State or local government obligations or outlays. Provides for termination of the Commission. Authorizes appropriations. Title III: Integrated Federal Assistance - Community Assistance Improvement Act of 1992 - Enables local governments to integrate federally funded programs under community-based assistance plans tailored for their distinct needs and constituencies and structured to address problems affecting low-income citizens that cross existing Federal assistance categories. Provides for payments to local governments of amounts available under a covered Federal assistance program for use in accordance with an integrated assistance plan approved by the Interagency Review Council (establish by this Act). Provides that eligibility for benefits under a covered Federal assistance program under an approved integrated assistance plan shall be only in accordance with the plan. Details the process for applying for approval of an integrated assistance plan. Specifies application and plan contents. Provides for implementation of approved integration assistance plans. Requires a local government applying for approval of an integrated assistance plan to establish a Community Advisory Committee. Requires the Committee to advise a local government in the development and implementation of its integrated assistance plan. Authorizes the Interagency Review Council to provide for technical assistance to a local government in developing information necessary for the design or implementation of an integrated assistance plan for which approval is sought under this Act. Sets forth guidelines for local governments to request such assistance. Establishes the Interagency Review Council for the purposes described above. Title IV: Estimation of Legislative Impact on State and Local Governments - Amends the Congressional Budget Act of 1974 to: (1) strike language stating that cost estimates are required only if submitted in a timely manner; (2) require that a cost estimate accompany the conference report of legislation; and (3) require budget reconciliation instructions to direct any committee receiving such instructions to include in any reconciliation legislation carrying them out a Congressional Budget Office estimate of the total cost of their provision. Title V: Regulatory Flexibility Analysis - Amends the Regulatory Flexibility Act to modify provisions respecting judicial review of agency rules.
United States · United States Congress · 2 July 1992
Financial Institution Restitution Collection Improvement Act of 1992 - Amends the Federal Deposit Insurance Act to permit prejudgment attachment of certain property where there is probable cause to believe banking laws have been violated. Provides that an order of restitution issued in connection with a conviction for a banking law violation shall: (1) be due in full as of the date of the order; (2) remain enforceable until the total amount of restitution has been paid; and (3) constitute a lien against all of the defendant's property. Authorizes the court to appoint a temporary receiver to administer the defendant's assets to ensure payment of restitution. Requires the court, after the sentencing of the defendant, to make available to any recipient of a court-ordered restitution any financial information contained in the defendant's presentencing investigation report. Mandates that the defendant pay directly to the Federal Deposit Insurance Corporation (FDIC) any court-ordered restitution which accrues to its benefit. Prohibits the court from taking into consideration the defendant's ability to pay when determining the amount of restitution ordered. Requires the United States Parole Commission (or the probation officer of Federal district court) to notify each recipient of court-ordered restitution if the full amount of such an order has not been fully paid before the end of the defendant's period of supervised release. Prescribes guidelines under which any private person may file a court action to recover, on behalf of the FDIC, any asset of any person liable for the satisfaction of a restitution order. Grants such person a prescribed percentage of recovered assets.
United States · United States Congress · 2 July 1992
Credit Availability and Regulatory Relief Act of 1992 - Title I: Supervisory Reforms - Amends the Federal Deposit Insurance Act to authorize the appropriate Federal banking agency to exempt any insured depository institution owned or controlled by a depository institution holding company from statutory examination requirements if: (1) the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure; and (2) the institutions owned or controlled by the holding company having at least 80 percent of all insured depository institutions owned or controlled by such holding company have been subjected to onsite examinations. Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions. Requires the Small Business Administration together with specified financial institution regulatory agencies to conduct a joint study and report to the Congress on the appropriate methods to obtain the information needed to assess the availability of credit to small businesses, including minority-owned small businesses and small farms. Repeals the existing mandate for certain regulatory standards for safety and soundness. Requires the appropriate Federal banking agencies to review their regulations and adopt uniform regulations. Excludes from bank closure requirements specified branches and automated teller machines. Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending. Repeals the current statutory mandate with respect to the regulation of interbank risks. Amends the Federal Deposit Insurance Act to change the assessment base calculation for deposit insurance premiums (from the two most recent quarterly call reports of the institution to the next-to-last call report and the one immediately before it). Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) establish a threshold of $100,000 or less level below which State-certified or State-licensed appraisers are not required for certain Federal real estate-related transactions; and (2) prohibit the States from requiring State-certified or State-licensed appraisers for such transactions. Amends the Community Reinvestment Act of 1977 to set forth guidelines for self-certification of small rural regulated financial institutions that have complied with such Act. Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community, consistent with safe and sound operation of the institution. Modifies the regulatory the guidelines for such institutions. Amends the Federal Deposit Insurance Act to require: (1) the appropriate Federal banking agencies to jointly establish application requirements to reduce duplicative filings by depository institutions; and (2) the Federal Deposit Insurance Corporation (FDIC) to minimize the regulatory burden imposed upon insured depository institutions. Removes certain interest rate restrictions placed upon depository institutions that are adequately capitalized. Repeals provisions relating to private deposit insurers and deposit institutions lacking Federal deposit insurance. Prohibits the Federal Trade Commission from bringing an action or proceeding against a private deposit insurer for non-compliance with the requirement to complete a certain annual audit within a specified time period. Requires the Secretary to study and report to the Congress on: (1) those measures necessary to ensure adequate public disclosure of depository institutions that lack Federal deposit insurance; and (2) the appropriateness of imposing audit requirements on private deposit insurers. Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to delay the effective dates for specified new requirements for insured financial institutions. Amends the Home Owners' Loan Act to accelerate the effective date by which savings associations may engage in certain affiliate transactions permitted for banks. Title II: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to eliminate next-day availability schedules for checks drawn on and deposited at an automated teller machine of the same depository institution. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established. Authorizes the Board of Governors of the Federal Reserve System (the Federal Reserve Board) to establish rules imposing liability and allocating risk of loss among depository institutions and other entities participating in the payments system, including the States and political subdivisions on which checks are drawn. Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) prohibit the recovery of punitive damages. Subtitle C: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to exempt lenders who finance the purchase of residential real estate from requirements to provide certain information booklets to borrowers if the lender denies the loan application within three business days after it is received. Amends the Home Mortgage Disclosure Act of 1975 to index the asset size of depository institutions exempt from the Act to increases in the Consumer Price Index. Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" with respect to the interest rate cap to consumer loans only. Prohibits an appropriate Federal banking agency from requiring any depository institution to engage in Fair Housing Act data collection activities if such activities are already required under the Home Mortgage Disclosure Act of 1975. Subtitle D: Amendments to the Truth in Savings Act - Amends the Truth in Savings Act to direct the Federal Reserve to exempt certain broadcast, electronic, or outdoor advertisements from interest-rate disclosure requirements, as well as (at the Board's discretion) interest rate notice boards on the premises of an institution. Authorizes the Board to exempt or modify certain disclosure requirements with respect to specified accounts and interest rates. Limits the civil liability of a depository institution to an accountholder to the actual damages sustained. Subtitle E: Expedited Procedures for Bank Holding Companies - Amends the Bank Holding Company Act to set forth expedited procedures by which banks may reorganize into bank holding companies. Amends the Securities Act of 1933 to: (1) reflect such expedited procedures; and (2) prescribe expedited procedures for bank holding companies to seek approval to engage in nonbanking activities. Amends the Bank Holding Company Act of 1956 and the Federal Deposit Insurance Act to permit, with the concurrence of the Attorney General, the reduction to five days of the post-approval waiting period for bank holding company acquisitions and bank mergers.
United States · United States Congress · 2 July 1992
Fiscal Accountability and Impact Reform Act (FAIR Act) - States that one purpose of this Act is to assist the Congress in consideration of proposed legislation establishing or revising Federal programs to assure that, to the maximum extent practicable, legislation enacted will: (1) minimize the burden of such legislation on expenditure of scarce local public resources by State and local governments; (2) minimize inefficient allocation of economic resources; and (3) reduce the adverse effect of such legislation on the ability of State and local governments to use local public resources to meet local needs, and on allocation of economic resources, full employment, and international competitiveness. States that a second purpose of this Act is to require Federal agencies to exercise discretionary authority and implement statutory requirements in a manner which, consistent with agency mission and Federal law, minimizes the impact of regulations and other major Federal actions affecting the economy on: (1) the ability of State and local governments to use local public resources to meet local needs; and (2) the allocation of economic resources, full employment, and international competitiveness of American goods and services. Title I: Legislative Reform - Provides that whenever a committee of either House reports a bill to its House which mandates unfunded requirements upon State and local governments or the private sector, the report accompanying that bill shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Title II: Agency Impact Analysis - Requires, to the fullest extent practicable, that: (1) the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the purposes of this Act; (2) all Federal agencies, consistent with attainment of the requirements of Federal law, minimize the adverse effects of rules affecting the economy; and (3) Federal agencies take certain actions in promulgating new rules, reviewing existing rules, developing legislative proposals, or initiating any other major Federal action affecting the economy whenever an agency identifies two or more alternatives which will satisfy the agency's statutory obligations. Provides that, whenever an agency publishes a general notice of proposed rulemaking, promulgates a final rule, or before initiating or implementing any other major Federal action affecting the economy, the agency shall prepare and make available for public comment an Economic Impact Assessment. Specifies the contents of such an assessment. Provides for judicial review of final agency actions for compliance with this title.
United States · United States Congress · 24 June 1992
Directs that, in the administration of any benefits program established by or under Federal law which requires the use of data obtained in the most recent decennial census, the 1990 adjusted census data be considered the official data for such census.
United States · United States Congress · 24 June 1992
Prohibits the approval by the Congress of any bill providing for the extension of the term of a patent unless the following requirements are met: (1) any delay in the approval process constituting the basis for the extension must have been beyond the control of the patentee and directly caused by governmental misconduct established by presentation of adequate proof of dishonest or deceitful conduct, vindictive or retaliatory action, arbitrary, capricious, or grossly negligent performance of governmental duties, or serious failure to perform such duties (unusual or expected delay alone does not constitute governmental misconduct); (2) governmental misconduct must have caused a substantial inequity to the patentee who, without the extension of the patent, will suffer material harm directly attributable to the delay in the approval process or the Government's action or inaction (requires such harm if relief is not granted to outweigh any harm to the public such as through higher prices or to competitors that will result from extension of the patent); (3) expired patents shall not be revived or extended except under the most extraordinary and compelling circumstances (prohibits such extension if the patentee fails to exercise due diligence to prevent the invention from entering the public domain); (4) if a patent is revised or extended, extension of intervening rights shall be provided to persons using the subject matter of the patent after its expiration, except that such rights shall not be provided in the case of statutory extension of unexpired patents with specified exception; or (5) action or inaction by the Federal Government must be of such a nature as to create a moral or ethical obligation on the part of the Government to provide relief to a patentee whose rights have been substantially injured by such action or inaction; and (6) any delay in the patent was not attributable to a lack of due diligence by the patentee. Extends the terms of certain patents for: (1) nonsteroidal anti-inflammatory drugs; (2) olestra; (3) the insignia of the United Daughters of the Confederacy; and (4) badges of the American Legion, the American Legion Women's Auxiliary, and the Sons of the American Legion. Limits the rights derived from the extension of any patent by this Act to use for which the subject matter of the patent was approved by the Food and Drug Administration.
United States · United States Congress · 23 June 1992
Augusta Canal National Heritage Area Study Act of 1992 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to study and report to specified congressional committees on the alternative means of retaining, preserving, restoring, enhancing, and interpreting the cultural, historical, natural, and recreational resources of the Augusta Canal National Historic Landmark District in Georgia. Requires the Secretary to prepare an integrated resource management plan for the Area. Authorizes appropriations.
United States · United States Congress · 22 June 1992
Nursing Facility Assistance Act of 1992 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to revise standards for decertification of nurse aide training and competency evaluation programs (programs) operated by nursing facilities. Repeals requirements under Medicaid for preadmission screening and annual resident review by such facilties. Repeals requirements under Medicare and Medicaid respecting: (1) annual external reviews of the use of psychopharmacologic drugs; and (2) repayments to the Federal Government of payments continued pending remediation if corrective action is not taken. Provides for an increase in the minimum amount required under Medicare and Medicaid for the separate deposit of nursing facility residents' personal funds. Provides for reimbursement under Medicaid for amounts spent for programs which are attributable to activities relating to individuals who are not enrolled under a State Medicaid plan. Makes this Act effective as if included in the enactment of the Omnibus Reconciliation Act of 1987.
United States · United States Congress · 18 June 1992
Drinking Water Regulatory Relief Act of 1992 - Amends the Safe Drinking Water Act to direct the Administrator of the Environmental Protection Agency to report to the Congress on the ability of small public water systems to comply with such Act's requirements. Requires such report to include an analysis of the: (1) extent to which access to technical expertise to operate public water systems is limited in the case of small systems; (2) barriers which inhibit the financing of capital improvements in such systems to bring them into compliance with regulations; and (3) difficulties experienced by such systems in financing water monitoring and testing. Requires the report to include the Administrator's recommendations for actions to insure that such systems can come into compliance with regulations as expeditiously as other systems but in a manner which recognizes differences in geographic locations, drinking water sources, and in levels of exposure and risk. Directs the Administrator to propose regulations to implement such actions. Suspends all compliance deadlines (for a period of 24 months after this Act's enactment date) under the Safe Drinking Water Act with respect to public water systems serving fewer than 5,000 persons.
United States · United States Congress · 18 June 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within seven years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 18 June 1992
Small Community Environmental Infrastructure Grants Act of 1992 - Directs the Administrator of the Environmental Protection Agency to make grants to States for the establishment of small community environmental infrastructure funds. Makes such funds available to small communities for the construction of wastewater treatment works, public water systems, and solid waste management facilities and for assuring that underground storage tanks are in compliance with the Solid Waste Disposal Act. Sets forth provisions concerning grant payment schedules and allotment and reallotment requirements. Requires States to establish funds to receive such grants. Sets forth specific requirements for the use of such funds and for the grants to be provided to small communities. Permits States to provide assistance only to community wastewater treatment and solid waste management facilities and public water systems that are in compliance with plans under the Federal Water Pollution Control Act, the Safe Drinking Water Act, and the Solid Waste Disposal Act, as appropriate. Requires States to submit plans to the Administrator that identify the intended use of the funds. Directs States to reserve the greater of one percent of fund sums or $100,000 to carry out planning. Provides for the withholding of grant payments if a State is not in compliance with this Act's requirements. Requires the Administrator to establish an Office of Small Community Environmental Infrastructure Assistance to: (1) oversee and manage the grants and funds made under this Act; and (2) provide specified environmental and financial information to small communities. Authorizes the Office to provide grants to States, Indian tribes, and not-for-profit organizations to assist small communities in assessing issues related to the financing of environmental facilities, compliance with environmental laws, and the construction, operation, and rehabilitation of environmental infrastructure facilities. Requires such grants to be matched by non-Federal funds. Directs the Administrator to: (1) establish a program and plan to provide financial assistance to Indian tribes for carrying out the same environmental infrastructure projects on Federal Indian reservations; and (2) administer an environmental infrastructure fund for providing such assistance. Sets forth a matching requirement for such assistance. Authorizes and allocates appropriations.
United States · United States Congress · 17 June 1992
Calls upon the President to urge the United Nations Security Council to direct the Secretary General of the United Nations to provide a plan and budget for intervention as may be necessary to enforce the Security Council resolutions seeking cessation of hostilities in the former republics of Yugoslavia.
United States · United States Congress · 11 June 1992
Cash Management Improvement Act Amendments of 1992 - Amends the Cash Management Improvement Act of 1990 (the Act) to remove the two-year deadline for the Secretary of the Treasury to prescribe regulations for the timely disbursement of Federal funds. Extends the deadline for the Secretary to enter into agreements with States for intergovernmental financing and to prescribe regulations for such financing from October 24, 1992, until July 1, 1993, or by the first day of a fiscal year of the State which begins in 1993, whichever is later. Makes the Act effective on such date. Extends for one year the report to the Congress by the Comptroller General on the implementation of such Act.
United States · United States Congress · 11 June 1992
Community Bank Burden Reduction Act of 1992 - Amends the Community Reinvestment Act of 1977 to set forth conditions under which a regulated financial institution shall not be subject to its examination requirements.
United States · United States Congress · 3 June 1992
Federal Banking Agency Consolidation Act of 1992 - Title I: Office of Federal Depository Regulation - Subtitle A: General Provisions - Establishes the Office of Federal Depository Regulation as a bureau within the Department of the Treasury, headed by a Director appointed by the President and two Deputy Directors appointed by the Secretary of the Treasury (the Secretary). Grants the Director authority to act without any prior review or approval by the Secretary. Prohibits the Secretary from intervening in any matter or proceeding before the Director. Grants the Director authority to: (1) appoint personnel; (2) impose and collect assessments, fees, and other charges; and (3) prescribe regulations and issue orders. Subtitle B: Examination Provision - Mandates that an examination system which imposes no larger burdens on State savings associations than are imposed on State nonmember banks be established as a Federal banking regulatory goal. Requires specified Federal banking regulatory agencies to report to the Congress on actions taken to reduce the cost burden on State savings associations which results from their oversight by two Federal agencies. Title II: Interim Provisions; Transfer of Functions, Personnel, and Property - Transfers to the Director the functions, personnel, and property of the Office of the Comptroller of the Currency and the Office of Thrift Supervision. Abolishes the Office of Thrift Supervision and the Office of the Comptroller of the Currency. Title III: Regulatory and Supervisory Responsibility - Transfers to the Director all the powers and duties which were vested in the Director of the Office of Thrift Supervision and in the Comptroller of the Currency. Amends the Federal Deposit Insurance Act and the Revised Statutes to conform with this Act. Title IV: Federal Deposit Insurance Corporation Amendments - Amends the Federal Deposit Insurance Act and the Revised Statutes to conform with this Act. Title V: Reorganization of Boards of Directors - Amends the Federal Deposit Insurance Act to conform with this Act. Amends the Federal Reserve Act to provide that the Chairman of the Board of Governors of the Federal Reserve System may delegate his authority to serve as a member of the Board of Directors of the Federal Deposit Insurance Corporation to any other member of the Board.
United States · United States Congress · 3 June 1992
Amends the Internal Revenue Code to require third-party information reporting of any interest and royalties paid to corporations. Establishes exceptions from required information return filing in connection with certain dividends that have de minimis tax consequences, as determined in accordance with prescribed criteria.
United States · United States Congress · 28 May 1992
Animal Medicinal Drug Use Clarification Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose, provided the use does not result in residues in food in violation of established safe levels for the drug; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 21 May 1992
Withdraws most favored nation status from the Federal Republic of Yugoslavia. Authorizes the President to restore such status after he certifies to the Congress that: (1) such treatment would promote compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe; and (2) Yugoslavia has ceased its armed conflict with the other ethnic peoples of the region, and has agreed to respect the borders of the six republics, that formerly comprised the Socialist Federal Republic of Yugoslavia.
United States · United States Congress · 21 May 1992
Revitalization of Health and Education in Rural America Act of 1992 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Administrator of the Rural Electrification Administration to establish a program for providing grants to qualified consortia to assist them in obtaining access to modern interactive telecommunications systems through the public switched network. Sets forth: (1) application requirements; (2) review and comment procedures (by a State agency); (3) criteria for selection of grantees (giving priority to applications demonstrating the greatest likelihood of successfully and efficiently carrying out specified activities, the participation of the local telephone exchange carrier in providing and operating the telecommunications transmission facilities required by a State plan for upgrading rural telecommunications infrastructure, and unconditional financial support from the local community, and ensuring (to the extent possible) that various regions of the United States benefit from the use of the grants); and (4) limits on the maximum grant amount and the period of disbursement of grants. Specifies that grants under this Act may be used to support the costs of activities involving the sending and receiving of information to improve health care or educational services in rural areas. Sets limitations with respect to: (1) the use of grant funds for the acquisition of interactive telecommunications equipment; (2) the use of such funds to employ consultants; and (3) the authorization of appropriations. Bars the use of funds under this Act to establish or operate a telecommunications network or telecommuncations service for hire. Amends the Rural Electrification Act of 1936 (REA) to: (1) provide for a reduction in the interest rate on insured telephone loans for borrowers from States with plans for upgrading rural telecommunications infrastructure; and (2) eliminate a preference for rural telephone bank loans for borrowers located in such States. Modifies the definition of "rural area" for purposes of telephone loans to mean specified areas not included within the boundaries of an area having a population in excess of 10,000 (currently, 1,500) inhabitants. Expresses the sense of the Congress that persons eligible for telephone loans under the REA who are interested in upgrading telecommunications in rural areas should obtain financial assistance under such Act through a subsidiary in order to limit the assets subject to the lien requirements of such Act. Directs the Administrator of the Rural Electrification Administration and the Governor of the Rural Telephone Bank to prescribe such regulations as necessary to carry out this Act.
United States · United States Congress · 20 May 1992
National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a national assessment of: (1) the nature and extent of crimes against the elderly; (2) the needs of law enforcement, health, and social service organziations, in working to prevent, identify, investigate, and provide assistance to victims of such crimes; and (3) promising strategies to respond effectively to those challenges. Specifies that such assessment shall address: (1) the analysis and synthesis of data from a range of sources; (2) the problems of elderly who are living alone or in high crime areas and who are abused and neglected, and the fear of victimization; (3) the identification of strategies and techniques tht have been shown to be effective or which show promise; (4) the analysis of the factors that enhance or inhibit development of a coordinated response by law enforcement, health care, and social service providers; and (5) the research agenda needed to develop a comprehensive understanding of the problems of crimes against the elderly. Requires the Director to disseminate the results of such assessment. Authorizes the Director to make awards to coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of promising strategies and models for forging partnerships for crime prevention and service provision. Specifies that pilot programs funded under this Act may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community or to target a particular geographic area in need of intensive services. Authorizes the Director to make awards to: (1) coalitions of national law enforcement, victim service, and elder advocate organizations for training and technical assistance in implementing pilot programs; (2) research organizations to investigate the types of elder victimization shown by the assessment to present particularly critical problems or to be emerging crimes about which little is known, to evaluate the effectiveness of selected pilot programs, and to conduct research and development identified as being critical; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against the elderly. Authorizes appropriations.
United States · United States Congress · 5 May 1992
Designates September 18, 1992, as National POW/MIA Recognition Day. Requires the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Requires the flag to be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1992 (Memorial Day), and on November 11, 1992 (Veterans Day). States that the flag shall be displayed as a symbol of national concern and commitment to resolving the fates of Americans still prisoner, missing, and unaccounted for.
United States · United States Congress · 29 April 1992
Employment Tax Improvement Act of 1992 - Title I: Procedures Applicable to Determinations of Employment Status - Amends the Internal Revenue Code to revise rules and procedures for determining employment status. Provides that if: (1) the taxpayer did not treat an individual as an employee for any period; and (2) in the case of periods after December 31, 1978, all Federal tax returns (including information returns) filed by the taxpayer are filed on a basis consistent with the treatment of such individual as not being an employee, then for purposes of employment taxes, the individual shall be deemed not to be an employee of the taxpayer unless the taxpayer had no reasonable basis for not treating such individual as an employee. Provides limitations for certain past Internal Revenue Service employment tax audits. Waives employment tax liability for reasonable good faith misclassifications based on common law rules. Makes such revised rules for determining employment status applicable for income tax purposes. Revises the employer's liability for employment taxes where the employer complies with reporting requirements. Title II: Provisions to Increase Compliance - Increases the penalty for failure to file information returns which include amounts paid for services. Requires a separate statement of nonemployee compensation on such returns. Requires backup withholding if the payor has not met taxpayer identification number verification requirements and payee notification requirements with respect to service payments. Requires information returns on services paid of $100 or more (currently, $600 or more).
United States · United States Congress · 3 April 1992
Minor Crop Protection Assistance Act of 1992 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on a commercial agricultural crop or site where: (1) the total U.S. acreage for the crop is less than 300,000 acres; (2) the acreage expected to be treated as a result of that use is less than 300,000 acres annually or the agricultural crop represents production from less than 300,000 acres annually; (3) the use does not provide sufficient economic incentive to support initial or continuing registration; and (4) the Administrator of the Environmental Protection Agency (EPA) has not determined that the use presents an unreasonable adverse environmental effect. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if it is determined that the absence of data will not prevent the Administrator from determining the incremental risk presented by the minor use and that such risk would have an unreasonable adverse environmental effect. Prohibits data that relates solely to a minor use, without the permission of the original data submitter, from being considered by the Administrator to support a minor use application by another person for ten years following the submission of the data. Terminates the exclusive use of such data if the registration is voluntarily cancelled, or if the data are used to support a nonminor use. Provides for expedited review (within six months of submission) of applications to support minor use pesticide registrations. Grants registrants who make good faith requests for minor use waivers regarding required data, and whose requests are denied, a full time period for providing such data. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of data required solely to support a minor use pesticide up to four years if the registrant provides data to support other uses of the pesticide and a schedule to assure that the data production will be completed before the expiration of the extension. Applies the same extension conditions to data for reregistrations. Requires the Administrator to conditionally amend a registration to permit additional minor uses even if data is insufficient if the applicant has submitted satisfactory data pertaining to the proposed minor use and amending such registration would not increase environmental risks. Prohibits amendments if the pesticide meets or exceeds risk criteria associated with human dietary exposure and other specified conditions. Provides for extensions of minor use registration and data submission deadlines in cases where a registrant is not providing data to support a minor use but is providing data in a timely fashion to support other uses. Requires the Administrator, when a minor use registration application is filed no later than two years after another registrant voluntarily cancels registration for a similar use, to evaluate such application as if the voluntary cancellation had not yet taken place for purposes of data use, subject to environmental risk considerations. Directs EPA to assure coordination of minor use issues through the establishment of a minor use program within the Office of Pesticide Programs. Establishes and authorizes funding for a Department of Agriculture matching fund minor use program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals, including the data to support minor use pesticide registrations.
United States · United States Congress · 19 March 1992
Declares that it is the sense of the Congress that any legislation passed by the Congress to address American health care needs must include coverage for mental disorders.
United States · United States Congress · 18 March 1992
Nuclear Reactor Licensing Act of 1992 - Amends the Atomic Energy Act of 1954 to prescribe guidelines for: (1) issuance by the Nuclear Regulatory Commission of nuclear reactor combined construction and operating licenses; and (2) post-construction hearings on such licenses. Provides for judicial review of final Commission orders affecting such licenses.
United States · United States Congress · 18 March 1992
Makes eligible for the award of the Purple Heart those persons wounded in action on or after December 7, 1941, by weapon fire while engaged in armed conflict, regardless of the origin of the weapon fire.
United States · United States Congress · 12 March 1992
Amends the Water Resources Development Act of 1986 to direct the Secretary of the Army to permit the construction of a boat ramp or dock by persons who: (1) held a lease on waterfront property at the Clarks Hill Reservoir, Georgia; (2) received replacement property from the Secretary for such property due to its being converted to public park use; and (3) had a boat ramp or dock on the property originally leased.
United States · United States Congress · 11 March 1992
Improvement of Housing for the Elderly and Disabled Act - Title I: Authority to Provide Housing Under United States Housing Act of 1937 for Older Persons and Persons with Disabilities - Amends the United States Housing Act of 1937 to authorize public housing authorities to provide designated (such as only elderly or only handicapped) low-income housing, and make units available only to families so designated. Requires that current waiting lists be observed before initiating designated housing options. Prohibits forced tenant moves based upon amendments made by this title. Considers central dining facility expenditures made in connection with congregate housing as an operating cost. Title II: Standards and Obligations of Residency and Coordination of Services in Federally Assisted Housing - Requires federally assisted housing owners and public housing authorities to select only tenants who comply with specified occupancy criteria. Permits refusal of occupancy because of: (1) criminal activity; (2) prior evictions; (3) a history of disturbing other neighbors or destroying property; (4) intentional misrepresentations; or (5) failure to meet financial obligations. Requires leases to enumerate such criteria and state that their violation shall be sufficient grounds for eviction. Requires the appointment of service coordinators in federally assisted housing to coordinate services for older or disabled residents, which may include safety, social, health, and nutritional services. Amends the United States Housing Act of 1937 to direct public housing agencies to assist elderly or disabled families in funding nonpublic housing.
United States · United States Congress · 5 March 1992
Trucking Regulatory Reform Act of 1992 - Amends the Interstate Commerce Act to include as objectives of U.S. transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to: (1) allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by motor carriers of property; and (2) minimize the need for Federal regulatory control over the motor carrier transportation system and require fair and expeditious regulatory decisions when regulation is required. Requires the Interstate Commerce Commission (ICC) to exempt motor carriers providing transportation of non-household goods from its jurisdiction whenever it finds that: (1) its jurisdiction is not necessary to carry out U.S. transportation policy; and (2) either such transaction or service of the motor carrier is of limited scope, or ICC jurisdiction is not needed to protect shippers from the abuse of market power. Authorizes the ICC to exempt transportation provided by such motor carriers as a part of a continuous intermodal movement. Declares that the fact that a rate, classification, rule, or practice relating to motor common carriers was included in a tariff duly filed with the ICC shall not relieve such carriers from liability or any remedy under the antitrust laws in instances where the conditions of an agreement between such carriers regarding such rate, classification, rule, or practice are not met, unless the ICC has determined its reasonableness. Prohibits agreements approved by the ICC from providing for docketing of the independent actions of carriers of non-household goods, or for discussion of or voting upon such actions. Excepts from the general reasonableness standard: (1) independently determined rates or rates determined by the independent action of motor carriers providing transportation of property of non-household goods; and (2) the establishment of through routes by such carriers. Excludes divisions of joint rates by such carriers from the general requirement that they be made without unreasonable discrimination against a participating carrier, and that they must be reasonable. Requires the ICC to prescribe only the maximum rate of the classification, rule, or practice to be followed in the case of a motor common carrier providing transportation of non-household goods which establishes rates collectively in an organization established or continued under an approved agreement or by certain independent action. Declares that the ICC is not authorized to begin immediately on its own initiative or on application of an interested party a proceeding to determine the lawfulness of proposed rates, classifications, rules, and practices that are independently determined, or established by independent action, by motor common carriers providing transportation of non-household goods. Authorizes the ICC to make such a determination when a new rate, classification, rule, or practice established by independent action or collectively by an approved agreement is filed with the ICC by or on behalf of a motor common carrier or two or more interlining motor common carriers of non-household goods. Prohibits the ICC from investigating, suspending, revising, or revoking any rate proposed by a motor common carrier providing transportation of household goods on the grounds that such rate is unreasonable because too high or too low if specified requirements are met. Allows the ICC to take such action with respect to rates proposed by motor carriers providing transportation of non-household goods. Subjects the docketing of rates by independent actions by motor common carriers of property other than household goods to the U.S. antitrust laws. Bars construction as a violation of such antitrust laws the docketing of independent actions by motor carriers providing transportation of non-household goods. Prohibits the ICC from investigating, suspending, revising, or revoking any rate proposed by a motor common carrier providing transportation of non-household goods on the grounds that such a rate is unreasonable because too high, unless the proposed rate is established by independent action or established collectively under an agreement approved by the ICC. Declares that certain limitations on the establishment of rates, classifications, and rules by freight forwarders shall not apply if they are independently determined, or established by independent action, by a motor common carrier providing transportation of non-household goods. Authorizes such a motor common carrier to establish any transportation rate if it is independently determined or established by independnent action. Authorizes the ICC to grant relief, if consistent with the public interest and U.S. transportation policy, from any requirement that a motor common carrier providing transportation of non-household goods have in effect a rate for transportation service which does not limit its liability. Prohibits the ICC from prescribing the maximum reasonable charge or allowance that may be paid for certain shipper-furnished transportation services or facilities by motor common carriers providing transportation of non-household goods under rates that are independently determined or established by independent action. Prescribes alternative ways to satisfy a claim made by a motor carrier of non-household goods or by a non-household goods freight forwarder regarding the collection of rates in addition to those originally billed and collected. Provides for settlement of any dispute about such claims. Sets forth a statute of limitations for civil actions for the recovery of motor carrier charges and overcharges. Authorizes motor carriers and shippers to resolve overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to timely file and maintain agreed upon rates, rules, or classifications. Requires a specified report to the Congress. Excepts motor contract carriers of property from the general requirement that contract carriers establish, and file with the ICC, rates for transportation and rules and practices related to such rates. Excepts a motor common carrier providing transportation of non-household goods under independently determined rates or rates established by independent action from the general requirement that carriers providing transportation or service include the rate for such transportation or service in a tariff. Declares any such rate, determined collectively by an agreement approved by the ICC or by independent action, to be considered a maximum rate. Excepts a motor common carrier providing transportation of non-household goods under independently determined rates or rates established by independent action from general tariff requirements. Declares that a motor contract carrier of property is not required to publish or file with the ICC actual or minimum rates. Excepts a motor contract carrier of property or of passengers from the requirement that contract carriers publish, file, and keep open for public inspection a notice of any proposed new or reduced rates. Declares that a published or filed rate shall be conclusive proof against a motor common carrier providing transportation of non-household goods that such rate is the maximum legal rate for the transportation or service with respect to civil actions involving transportation rebates and rate, discrimination, and tariff violations. Requires the Secretary of Transportation (Secretary) and the ICC to determine jointly by rule, after notice and opportunity for comment, the proper use of safety ratings (especially conditional and unsatisfactory ratings) in determining whether a motor carrier owner or operator or an applicant for an operating certificate meets certain safety fitness requirements. Amends the conditions for issuing a certificate or permit authorizing a person to provide transportation as a motor common or contract carrier of property or a motor contract carrier. Requires such an issuance if the person is able to comply with existing ICC regulations as well as: (1) certain safety fitness requirements established by the Secretary; and (2) certain minimum financial responsibility requirements. Requires the ICC in making such a finding to consider any evidence that the applicant is unable to comply with such requirements. Authorizes a person to protest an application on the basis that the applicant fails or will fail to comply with such requirements. Requires the ICC to find an applicant unfit if the applicant does not meet the safety fitness requirements. Subjects to certain commercial motor vehicle safety regulations motor carriers providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds and operating one or more commercial motor vehicles with a gross vehicle weight rating of 10,000 pounds or more. Authorizes one or more motor contract carriers of property providing transportation subject to ICC jurisdiction to enter into a contract with one or more purchasers of motor carrier services to provide specified services under specified rates and conditions to the extent permitted by the common law of contracts and the Uniform Commercial Code. Authorizes the ICC to suspend a certificate or permit of a motor carrier for failure to comply with certain safety fitness and minimum financial responsibility requirements. Authorizes States to exercise exclusive jurisdiction over intrastate motor carrier transportation of non-household goods. Requires the ICC to establish guidelines for determining whether the standards and procedures that a State authority will use in exercising jurisdiction over such transportation are in accordance with the standards and procedures applicable to regulation of motor carriers by the ICC. Sets forth specified State requirements. Authorizes any motor carrier providing transportation of non-household goods, and any party to an administrative proceeding of any State authority in which the lawfulness of intrastate motor carrier transportation of non-household goods is decided, to petition the ICC to review such decision. Grants the ICC authority to issue a certificate and permit authorizing a motor carrier providing transportation of non-household goods to provide such transportation of household goods to provide such transportation intrastate. Grants the ICC exclusive authority to prescribe an intrastate rate for such transportation when specified conditions are met.
United States · United States Congress · 27 February 1992
Prohibits a State, political subdivision, or agency or organization of two or more States (entities) from enacting or enforcing any law, rule, regulation, or standard relating to interstate or intrastate rates, routes, or services: (1) of a corporate compensated carrier not operating under the jurisdiction of the Interstate Commerce Commission (ICC); (2) involving transportation by a motor vehicle and driver leased by a shipper from a single source when certain conditions exist; and (3) of any transportation of property provided by motor vehicles leased, with or without drivers, from a motor private carrier, to the extent that such law, rule, regulation, or standard is in addition to, or more stringent than, the requirements for such operations established by the ICC. Prohibits such entities from enacting or enforcing any law, rule, regulation, or standard that: (1) prohibits or limits the ability of a person providing transportation to obtain a motor common carrier certificate or motor contract carrier permit to provide intrastate transportation of property, whether under the same corporate structure as the nontransportation primary business or as a separate transportation subsidiary, by virtue of the person's status as a nontransportation primary business, or that subjects such person to criteria that are not applied to a transportation business seeking the same authority to operate as a motor common or contract carrier; or (2) prohibits, limits, or places requirements on transportation services other than requirements for the safety of operations and minimum financial responsibility. Defines "dedicated contract driver" to mean a motor contract carrier that assigns vehicles management personnel drivers, and other related workers for the exclusive use of a contracting shipper.
![Official portrait of Rep. Barnard, Doug, Jr. [D-GA-10]](https://www.congress.gov/img/member/0cfaa9df4c43300bfb59befe46ba7cd8_200.jpg)