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 · 26 May 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 · 21 May 1992
Tax Extension Act of 1992 - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993 with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secretary of the Treasury to certain congressional committees on an advance valuation procedure.
United States · United States Congress · 21 May 1992
Designates February 21 through 27, 1993, as American Wine Appreciation Week. Commends the winegrape and fruit growers and vintners of the United States for the production of high quality agricultural products.
United States · United States Congress · 20 May 1992
Defense Industrial Innovation Act of 1992 - Authorizes appropriations for FY 1993 through 1995 for grants by the Secretary of Defense to States to provide technical and financial assistance to defense-dependent contractors. Prescribes: (1) grant application procedures; and (2) State certification requirements regarding State and contractor matching funds, maintenance of expenditures by State assistance programs, and grant use. Requires each State to reserve 40 percent of grant funds for assistance to contractors for quality and productivity improvements and market expansion and 60 percent for assistance for human resource development initiatives essential for industrial modernization and for the fulfillment of improved competitiveness strategies.
United States · United States Congress · 7 May 1992
Civil War Battlefield Commemorative Coin Act of 1992 - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins to commemorate the 100th anniversary of Civil War battlefield preservation. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Civil War Battlefield Foundation for the preservation of historically significant Civil War battlefields.
United States · United States Congress · 7 May 1992
Trade Expansion Act of 1992 - Title I: Market Access Provisions - Subtitle A: Enforcement of United States Rights Under Trade Agreements and Response to Certain Foreign Trade Practices - Amends the Trade Act of 1974 to extend through calendar year 1997 the requirement that the United States Trade Representative (USTR) identify U.S. trade liberalization priorities. Expresses the sense of the Congress that foreign countries that have substantial trade surpluses with the United States, and maintain acts, policies, or practices that are major barriers to, or distortions of, potential U.S. export trade, should be identified (for purposes of "Super 301" under the Trade Act of 1974) as priority foreign countries, and such acts, policies, or practices identified as priority practices. Amends the Trade Act of 1974 to authorize any interested person to request the USTR to review to determine whether a foreign country is in material compliance with the terms of a trade agreement. Defines an "interested person" as any person with a significant economic interest that is being or has been adversely affected by a foreign country's failure to comply materially with terms of a trade agreement. Requires the USTR to determine what action to take if a foreign country is found not in material compliance with such agreement. Directs the USTR to initiate an investigation of all acts, policies, and practices of Japan, Korea, and Taiwan that affect the access of U.S. rice to their markets. Requires the USTR to negotiate the elimination of such acts, policies, and practices, and report to the Congress on the progress of such negotiations. Subtitle B: International Trade in Motor Vehicles and Motor Vehicle Parts - Directs the USTR to initiate an investigation of all acts, policies, and practices of Japan that affect the access of U.S. motor vehicles and motor vehicle parts to its market, including but not limited to: (1) acts, policies, and practices utilized in the Japanese automotive distribution system; (2) toleration of anticompetitive activities by private Japanese firms (including "Keiretsu"); (3) exclusionary business practices; and (4) testing requirements and other government regulations. Requires the USTR to negotiate with Japan for a trade agreement that: (1) eliminates such acts, policies, and practices; (2) provides enforcement of Japan's commitments under the Structural Impediments Initiative, the Market -Oriented Sector Specific agreements, and the Action Plan announced at the Tokyo Summit in January 1992 with respect to trade in, and purchase of, motor vehicles and motor vehicles parts; (3) establishes long term goals for the purchase by Japanese motor vehicle manufacturers of high value-added motor vehicle parts and accessories; and (4) establishes procedures for the exchange of information between the United States and Japan that will permit the accurate assessment of the bilateral trade in motor vehicle parts. Requires the USTR to report to the Congress if such negotiations prove unsuccessful. Directs the President to negotiate with Japan for a voluntary restraint agreement that will provide for the imposition of limitations on the aggregate number of Japanese passenger automobiles and light trucks that may be exported to the United States between 1992 and 2000. Authorizes the President to enforce such agreements. Requires specified reports with respect to such negotiations. Expresses the sense of the Congress that the USTR should refer to the U.S. Government all information pertaining to Japanese acts, policies, and practices that adversely affect access to the purchasing by Japanese motor vehicle manufacturers in the United States of U.S. motor vehicle parts by Japanese-owned or-controlled producers. Requires the Board established by the Foreign-Trade Zones Act to: (1) review the operations of U.S. and foreign motor vehicle and motor vehicle parts producers to determine any positive economic effect on the United States of such Act; and (2) take appropriate action, including revocation or modification of a foreign-trade zone or subzone grant, with respect to any producer whose operations in such zone are determined not to have a net positive effect on the U.S. economy. Title II: Customs Modernization - Customs Modernization and Informed Compliance Act - Subtitle A: Improvements in Customs Enforcement - Amends the Tariff Act of 1930 to revise customs procedures with respect to: (1) electronic transmission of forged, altered, or false data to the United States Customs Service with regard to the entry of imported merchandise; (2) penalties for failure to declare imported controlled substances; (3) examination and detention of imported merchandise; (4) certain recordkeeping requirements; (5) examination of books and witnesses; (6) review of protests by the Customs Service; (7) a repeal of a provision relating to the reliquidation on account of fraud; (8) penalties relating to manifests, false drawback or refund claims, and for fraud, gross negligence, and negligence; (9) unlawful unlading or transshipment; (10) public access to Customs Service interpretative rulings and decisions; and (11) seizure of imported merchandise. Subtitle B: National Customs Automation Program - Directs the Secretary of the Treasury (Secretary) to establish the National Customs Automation Program which shall be an automated and electronic system for the processing of commercial imports. Provides for electronic data transmission relating to: (1) remote location filing; (2) effective date of rates of duty on imported merchandise; (3) merchandise manifests; (4) imported merchandise invoices; (5) entry and release of imported merchandise; (6) admissibility in administrative and judicial proceedings of electronically transmitted information; (7) appraisement and liquidations of imported merchandise; (8) the payment of duties; (9) abandonment and damage to imported merchandise; (10) protests of Customs Service decisions; (11) refunds and errors; (12) bonds and other security; and (13) customs house brokers. Requires a refund (drawback) of duties (less one per cent of such duties) on articles produced in the United States with imported merchandise that have been destroyed under Customs Service supervision, provided such articles have not been used prior to such destruction. Sets forth provisions with respect to customs officer's immunity in regard to the appraisement of or collection of duties on imported merchandise. Subtitle C: Miscellaneous Amendments to the Tariff Act of 1930 - Amends the Tariff Act of 1930 to authorize the Secretary to disregard the difference, but not less than $20 (currently ten dollars), between the total estimated duties deposited with respect to imported merchandise and the total amount actually due on such merchandise. Authorizes the Secretary to admit duty-free: (1) gifts from persons in foreign countries to persons in the United States whose value does not exceed $100 (currently, $50), or $200 (currently, $100) in the case of gifts from persons in the Virgin Islands, Guam, and American Samoa; (2) articles accompanying persons for personal or household use whose value does not exceed $200 (currently, $25); or (3) articles whose value does not exceed $200 (currently, five dollars) in other cases. Authorizes the Secretary to waive collection of duties due on merchandise that are worth less than $20, or such greater amount as prescribed by him or her. Requires masters of vessels that have visited a hovering vessel or received merchandise while outside the U.S. territorial sea to report their arrival to the nearest customs facility. Provides for the electronic transmission of vessel documentation to the Customs Service. Requires the following vessels to report to the nearest Customs Service facility within 24 hours (or other period of time) as provided after arrival to a U.S. port: (1) vessels from a foreign port; (2) foreign vessels from a domestic port; (3) U.S. vessels having bonded or foreign merchandise for which entry has not been made; or (4) vessels which visited a hovering vessel or received merchandise outside the U.S. territorial sea. Authorizes the Secretary to permit masters of vessels to make preliminary entry of their vessel with the Customs Service in lieu of or before formal entry is made. Requires U.S. and foreign vessels to obtain clearance from the Customs Service before proceeding from a U.S. port for: (1) a foreign port; (2) another U.S. port (for foreign vessels only), or (for U.S. vessels only) another U.S. port if the vessel has bonded or foreign merchandise for which entry has not been made; or (3) outside the U.S. territorial sea to visit a hovering vessel or to receive merchandise. Exempts from entry and clearance requirements certain passenger vessels on excursion from the U.S. Virgin Islands to the British Virgin Islands and returning, U.S. documented vessels with recreational endorsement, or (as under current law) undocumented U.S. pleasure vessels not engaged in trade, except such vessels must comply upon arrival with specified customs reporting requirements and navigation laws and must not have visited any hovering vessel. Prohibits merchandise, passengers, or baggage from being unladen from any vessel required to make entry or vehicle required to report its arrival until such entry or report of arrival is made and a permit for unlading has been issued by the Customs Service. Authorizes the issuance of such permits through electronic data transmission. Requires every importer of record of merchandise to make and file electronically or otherwise a declaration stating whether such merchandise is imported pursuant to a purchase or purchase agreement and that all other required documents are true and correct. Requires persons who gained any benefit from, or met any obligation to the United States as the result of the prior exportation of merchandise that has returned as undeliverable to inform the Customs Service of the return of such merchandise within a reasonable time. Provides for electronic data transmission of entry information to complete any incomplete entry of imported merchandise. Declares entered or unentered merchandise that remains in customs custody for six months, with an extension at the importer's request of up to a year (currently, for merchandise that remains in custody for one year), and in which duties, taxes, fees, storage, and other charges have not been paid, to be unclaimed merchandise which shall be appraised and sold by the Customs Service at public auction. Authorizes the sale of imported gunpowder and other explosive merchandise that if permitted to remain in a bonded warehouse for six months (currently, one year) would depreciate in value to the extent that its sale would be insufficient to pay such duties, taxes, fees, storage, and other charges. Authorizes the Customs Service, in lieu of sale, to provide notice to interested parties that, unless, within 30 days of such notice, the subject merchandise is entered or withdrawn for consumption and payment made of all duties, taxes, and fees, transfer and storage charges and other expenses that title to such merchandise shall be deemed to vest in the United States. Authorizes the Secretary to pay to a party that has lost a substantial interest in merchandise by virtue of title vesting in the United States, and can establish that it did not receive a vesting notice, an amount from the Customs Forfeiture Fund equal to what such party would have received if such merchandise had been sold and a proper claim filed. Requires any surplus of the proceeds from the sale of such merchandise to be deposited into the Fund if a claim for such surplus is not filed with the Customs Service. Authorizes the Secretary to prescribe regulations for the declaration and entry of merchandise whose value does not exceed a certain amount, not more than $2,500 (currently not greater than $1,250), and/or when different commercial facilitation and risk considerations that may vary for different classes or kinds of merchandise or different classes of transactions may dictate. Requires the Secretary upon seizure and forfeiture of imported merchandise bearing a counterfeit mark to dispose of such merchandise more than 90 days (currently, one year) after such forfeiture. Authorizes withdrawal of imported merchandise from a warehouse for transfer to a foreign trade zone. Authorizes the Customs Service to order the destruction or other appropriate disposition of vessels, vehicles, aircraft, merchandise, or baggage that has been seized under the customs laws if it determines that the expense of keeping such items is disportionate to their value (currently applies only to items of less than $1,000 in value). Authorizes the use of funds from the Customs Forfeiture Fund for the payment of: (1) certain transfer and storage charges and expenses; and (2) claims against Customs Service employees. Requires actions for fraud, gross negligence, and negligence, false drawback or refund claims, and restoration of lawful duties with respect to imported merchandise to be instituted within five years after the alleged violation or discovery of such fraud. Requires the Customs Service to be reimbursed the administrative cost and expense incurred in collecting fees on behalf of other Federal agencies. Authorizes the Secretary to settle, for no more than $50,000 in each case, claims for personal injury, death, or damage to, or loss of, privately owned property caused by an investigative or law enforcement officer of the Customs Service. Authorizes the Secretary to contract with persons for collection services to recover indebtedness arising under the customs laws, provided the Customs Service has exhausted all administrative efforts to collect such indebtedness. Subtitle D: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws - Amends the Harmonized Tariff Schedule of the United States to exempt from such Schedule articles which are returned within 45 days after being exported from the United States as undeliverable and which have not left the custody of the carrier or foreign customs service. Prohibits such exportations from satisfying any requirement for exportation in order to receive a benefit from, or meet an obligation, to the United States as a result of such exportation. Declares that certain railway locomotives and railway freight cars on which no duty is owed are not subject to the entry or release requirements for imported merchandise under the Tariff Act of 1930. Exempts instruments of international trade, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc., from formal entry procedures. Requires them to be accounted for however, when imported to and exported from the United States through the manifesting procedures required for international carriers by the U.S. Customs Service. Amends the Internal Revenue Code and other specified Federal law with respect to: (1) certain expenditures from the Harbor Maintenance Trust Fund; and (2) coastwise trade vessels and U.S. vessels visiting foreign ports. Amends Federal law to grant the Court of International Trade exclusive jurisdiction of any civil action for review decisions of the Customs Service that deny, suspend, or revoke accreditation of private customs laboratories. Bars the commencement of such actions unless brought before such Court within 60 days of such decisions. Repeals specified provisions of Federal law. Requires the Commissioner of Customs to report to the Congress each fiscal year after FY 1992 on the collection of duties imposed under the antidumping and countervailing duty laws. Amends the Omnibus Budget Reconciliation Act of 1987 to authorize the Commissioner of Customs to obtain from the operators of centralized cargo examination stations information on fees paid for the provision of services at such stations. Requires the Commissioner to report to specified congressional committees on the payment of such fees. Amends the Customs and Trade Act of 1990 to require the Commissioner of Customs to: (1) devise a methodology for estimating the level of compliance with the U.S. customs laws; and (2) evaluate the extent to which such compliance was obtained during the 12-month period preceeding the 60th day before each fiscal year 1993 through 1995. Directs the Commissioner to initiate, and submit to the Congress, a compliance review of certain carrier services. Title III: Customs and Trade Agency Authorizations for Fiscal Years 1993 and 1994 - Amends the Tariff Act of 1930 to authorize appropriations to the United States International Trade Commission (ITC) for FY 1993 and 1994. Earmarks a specified amount for reception and entertainment expenses. Prohibits use of such funds for any special study, investigation, or report requested by an agency of the executive branch unless such agency reimburses the ITC for its costs. Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to the United States Customs Service for FY 1993 and 1994 for: (1) noncommercial operations; (2) commercial operations; and (3) the air interdiction program. Amends the Trade Act of 1974 to authorize appropriaitons to the Office of the United States Trade Representative for FY 1993 and 1994. Amends the Tariff Act of 1930 to authorize apropriations for FY 1993 and 1994 for certain expenditures from the Customs Forfeiture Fund relating to purchases by the Customs Service of evidence of smuggling of controlled substances. Amends the Trade Act of 1974 to eliminate the East-West Trade Statistics Monitoring System. Title IV: Miscellaneous Trade Provisions - Subtitle A: Nontariff Provisions - Directs the President to negotiate trade agreements that eliminate the adverse effects of anticompetitive practices on international trade. Requires the President to report to the Congress on the status of such negotiations. Expresses the sense of the Congress that the President, with respect to ensuring the effectiveness of the U.S. embargo of Cuba, should seek negotiations with countries that trade with Cuba to seek their agreement to restrict trade relations with it. Amends the Omnibus Trade and Competitiveness Act of 1988 to require the Secretary of the Treasury, at the request of the Secretary of Commerce (currently, authorizes the Secretary of the Treasury): (1) to take necessary action to ensure the attainment of the objectives of the machine tool decision of the President on May 20, 1986, and on December 27, 1991; and (2) to enforce any imported machine tool quantitative limitations, restrictions, or other terms contained in related bilateral arrangements. Requires the Secretary of the Treasury to enforce the quantitative limitations and other provisions of bilateral arrangements negotiated with Taiwan on December 31, 1991, pursuant to the President's machine tool decision of May 20, 1986, until bilateral agreements are negotiated with such country pursuant to the President's December 27, 1991, decision. Directs the ITC to report to the Congress propsals for consolidating and simplifying U.S. international trade laws. Requires the Director of the Congressional Research Service to make recommendations to the Congress about establishment of a special unit that would: (1) integrate the resources of the Service, the ITC, and other appropriate agencies; and (2) serve as a central and objective source of information for the Congress on data and trends in trade between the United States and foreign countries. Subtitle B: Foreign Subsidies and Countervailing and Antidumping Duty Amendments - Amends the Tariff Act of 1930 to require completion of reviews by the administering authority of the amount of duty with respect to countervailing and antidumping duty orders by the 270th day after the day on which a request for review was received. (Currently, there is no such deadline for completion of such a review.) Requires the ITC to consider contracts with long lead time as a factor when making material injury determinations with respect to an affected domestic industry in countervailing and antidumping duty investigations. Declares that the presence or absence of any factor the ITC is required to consider shall not give decisive guidance with respect to any threat of material injury determinations. Provides that, with respect to the determination of foreign market value of imported merchandise under investigation, no allowance shall be made to account for differences in input costs that are based on whether the end product made from the input is sold in the home market or exported. Requires the United States Customs Service to report annually to the administering authority on the amount of duties collected during each year under each countervailing and antidumping duty order. Requires the administering authority to make such data available to interested parties. Requires the administering authority, when determining whether imported parts or components are circumventing an antidumping or countervailing duty order or finding, and whether to include such parts or components in such order or finding, to consider: (1) the pattern of trade; (2) the value and sources of supply of parts or components historically used in completion or assembly of the merchandise subject to such order; (3) whether the manufacturer or exporter of such parts or components is related to the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order or finding applies; and (4) whether imports into the United States of the parts or components produced in such foreign country have increased after the issuance of such order or finding. Authorizes the administering authority to include within the scope of such order or finding imported parts or components that are used in the completion or assembly of certain merchandise sold in the United States and subject to such order or finding, provided: (1) such merchandise is completed or assembled in the United States from parts or components supplied by the exporter or producer with respect to which such order or finding applies, from suppliers that have historically supplied the parts or components to that exporter or producer, or from any party in the exporting country supplying parts or components on behalf of such exporter or producer; (2) the value of such imported parts and components is significant in relation to the total value of all parts and components used in the assembly or completion operation, excluding packing, of the imported merchandise covered by such order or finding; or (3) consideration of specified factors establishes a pattern of circumvention of a countervailing and antidumping duty order or finding. Enables the administering authority to base such a decision on any of such factors by itself, rather than on all of them together. Sets forth similar provisions for merchandise completed or assembled in other foreign countries. Directs the Secretary of Commerce and the ITC to study and report to the Congress on modification of standards applicable to the initiation of countervailing and antidumping duty actions in order to make petitioning for such initiations less costly and more accessible for domestic petitioners. Requires the USTR to report to the Congress on the operation of the Agreement Concerning the Application of the GATT Agreement on Trade in Civil Aircraft between the United States and the European Community. Expresses the sense of the Congress that the President should not enter into any international trade agreement on antidumping requiring changes in U.S. antidumping laws that would reduce the effectiveness of such laws as a remedy against injurious dumped imports. Urges the President to review antidumping provisions contained in the Draft Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations dated December 21, 1991 and seek changes to strengthen the effectiveness of U.S. antidumping laws, including, but not limited to, changes in provisions dealing with cumulation of injury and dispute settlement. Expresses the sense of the Congress that the U.S. Government should not condone the use by foreign governments of trade distorting subsidies, including development subsidies, that cause material injury to U.S. industries. Subtitle C: Other Tariff Provisions - Amends the Trade Act of 1974 to remove the Union of Soviet Socialist Republics from the list of countries ineligible for designation as a beneficiary developing country under the Generalized System of Preferences. Amends the Harmonized Tariff Schedule of the United States to create a new tariff classification to cover imports of motor fuel blending stocks. Imposes a duty on such stocks. Revises the classification of linear alkylbenzenesulfonates and linear alkylbenzene sulfonic acids. Revises a specified subheading relating to nonalloy iron and steel pipes and tubes to include non-galvanized forms of such products. Increases the duty on certain other iron and steel pipes and tubes. Imposes a duty on galvanized nonalloy iron and steel pipes and tubes having a specified thickness. Increases the duty on certain stainless steel pipes and tubes. Authorizes the USTR to negotiate compensation for claims made pursuant to the General Agreement on Tariffs and Trade, or any other trade agreement to which the United States is a party, as a result of the amendments made by this Act. Requires the Secretary of the Treasury, with respect to producers of watches in the insular possessions of the United States who are wage certificate holders, to pay to such a holder, at the holder's election, the face value of such certificates less the value of: (1) any duty refunds claimed by the holder under the certificate; and (2) any duty refunds under such certificate that are sold by such holder. Grants duty-free treatment of articles (not over $600 in value) acquired in Bermuda. Grants duty-free treatment to sweaters in which the number of U.S. citizens, nationals, or resident aliens who perform the assembly operations (in Guam) comprise at least 50 percent of the total number of assembly production workers. Sets forth specified exceptions. Provides that stuffed dolls and doll skins that are imported into the United States on or after December 31, 1985, and before October 1, 1988, shall be liquidated as duty free as of October 1, 1988. Declares that a specified production incentive certificate shall be deemed to have been reissued on the 15th day after the enactment of this Act, and shall expire one year after such day. Amends the Tariff Act of 1930 to exempt semiconductors from the country of origin marking requirements under such Act. Amends the Foreign Trade Zones Act to extend until December 31, 1994, the exclusion of bicycle component parts from the exemption from customs laws provided by such Act. Treats certain entries of fabric wholly of polyamide as having been exported from the United States in accordance with and in satisfaction of the temporary importation bond and obligations of The Umbrellas: Joint Project for Japan and U.S.A. Corporation if specified conditions are met. Amends the Harmonized Tariff Schedule of the United States to authorize the extension of time (not to exceed five years) for the exportation of articles to be repaired, altered, or processed, including processes which result in articles manufactured or produced in the United States, that are imported duty-free under bond, provided that any extension beyond the third year must be accompanied by the importer's certification that such articles are to be incorporated into a communications satellite. Subjects to liquidated damages any such articles imported after January 1, 1983, and before the effective date of this Act, that are certified by the importer as having been dedicated for incorporation into a communications satellite, and as not having been exported within the time required because of launch schedule delays. Limits such liquidated damages to a maximum one percent of the liquidated damages established under the bond.
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 · 30 April 1992
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on other containers (with or without their closures) of glass, of a kind used for the conveyance or packaging of goods or preserved real flowers.
United States · United States Congress · 9 April 1992
Multiple Employer Self-Insurance Enforcement Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise the applicability of title I (Protection of Employee Benefit Rights) to: (1) multiple employer welfare arrangements (MEWAs); and (2) employee leasing welfare arrangements. Provides for certification requirements and revises provisions relating to State regulation of both such types of arrangements. Sets forth special preemption rules governing treatment and State regulation of MEWAs. Requires certain disclosures, by any MEWA which is not fully insured, to participating employers, participants, and beneficiaries. Provides for administrative adjudication of MEWA benefit claims. Directs the Secretary of Labor (the Secretary) to: (1) provide for an Office of Special Counsel for MEWA Affairs in the Department of Labor; and (2) appoint a Special Counsel as head of such Office. Sets forth requirements for: (1) filing of charges; (2) investigation by the Special Counsel, including an Early Resolution Program; (3) review by an administrative law judge; (4) standards of review by the Wage and Employee Benefits Appeals Board (currently, the Wage Appeals Board); (5) time limitations for review by such Board; (6) service of notice and decision; (7) exhaustion of administrative remedies; (8) final and appealable decisions; and (9) review by the appropriate U.S. Court of Appeals. Provides for State regulation of MEWAs by restricting the preemption of State laws regarding them. Provides for unlimited applicability of State insurance laws to MEWAs that are not fully insured. Provides for an exemption from State laws for MEWAs which provide medical care benefits solely (exclusive of occupational illness injury benefits), and which are not fully-insured, but which meet specified certification requirements or an approved qualified model for State certification procedures superseding such requirements. Makes State laws applicable to: (1) enforcement of such certification requirements or qualified State certification procedures; (2) the services of a contract administrator or any other third party services procured by a MEWA; and (3) collection of necessary information. Provides for treatment of certified MEWAs as employee welfare benefit plans, for specified purposes. Sets forth requirements for certification of MEWAs. Directs the Secretary to issue a certificate of operation for MEWAs that are not fully insured if they meet the specified requirements for: (1) location of participants or beneficiaries in two or more States or in States not requiring specific standards; (2) complete and accurate application; (3) minimum coverage of at least 500 participants and beneficiaries; (4) sponsors; (5) sponsor membership of all participating employers; (6) control by an operating committee under a trust agreement; (7) (upon certificate issuance) identification of all individuals commencing coverage as active or retired owners, officers, directors, or employees of, or partners in, participating employers, or beneficiaries of such individuals; (8) treatment of the sponsor as the plan sponsor; and (9) certain reserves and excess/stop loss coverage. Sets forth requirements for application for certification, including filing fee and comment period, and information relating to: (1) identification of the MEWA sponsor, operating committee members, participating employers, and all participants and beneficiaries; (2) States in which the MEWA is intended to do business; (3) evidence of meeting bonding requirements; (4) plan documents; (5) agreements with service providers; and (6) a funding report (including reserves and excess/stop loss coverage, the adequacy of contribution rates, current and projected values of assets and liabilities, costs of coverage to be charged and other expenses). Requires denial of a certificate to any MEWA subject to disqualification for its sponsor's or any other associated person's: (1) intentional material misstatements in the application; (2) previous misrepresentations or fraud; (3) previous misappropriation or conversion of funds; (4) disqualification for service under fiduciary responsibility provisions of ERISA; (5) previous failures to appear before the Secretary; (6) previous denial, suspension, or revocation of certificate; and (7) other violations. Sets forth additional filing requirements for MEWA certification, including: (1) notice of material changes in information required by the application; (2) annual reports; (3) quarterly financial statements; (4) quarterly reserves statements; (5) engagement of a qualified actuary; (6) filing certificates of operation with States; and (7) notification of expansion of operation in a State (with annual reports to the Secretary to insure compliance with this notification requirement). Requires each certified MEWA to maintain specified claims reserves and surplus accounts. Allows State enforcement of such requirements. Sets certain solvency requirements for certified MEWAs, specified amounts (depending on the number of covered individuals) of aggregate and specific excess/stop loss coverage from a State-licensed insurer, including: (1) coverage in the event of termination of the MEWA; (2) a participating employer's fund; (3) State enforcement of such requirements; and (4) approval of such excess/stop loss coverage and related terms by the Secretary as a prerequisite for certification. Requires operating committees of certified MEWAs to take certain corrective actions to: (1) avoid suspension or revocation of certification; (2) give notice of a likely termination of the MEWA and develop plans for the timely payment of all benefits for which the MEWA is obligated; and (3) in specified cases of failure to comply with certain requirements, take other actions required by the State insurance commissioner to terminate the MEWA and ensure the timely payment of all benefits for which the MEWA is obligated. Allows State enforcement of such corrective action requirements. Provides for expiration of MEWA certificates of operation after three years, and renewal by application. Authorizes the Secretary to suspend or revoke such certificates in specified circumstances. Requires the Secretary to provide for publication and notice of all such expirations, suspensions, or revocations. Authorizes State insurance commissioners to exercise the Secretary's powers of suspension and revocation. Makes such State actions effective: (1) with respect to participants and beneficiaries located in that State; and (2) only after notification to the Secretary and all other State insurance commissioners. Allows State law to provide for rehabilitation, supervision, or liquidation of MEWAs in cases of specified findings or of suspensions, revocations, or expirations of certification. Requires supporting statements for any suspension or revocation decision by the Secretary or a State insurance commissioner. Requires notice and opportunity for a hearing for review before a suspension or revocation becomes effective. Requires surrender of certificates which expire or are suspended or revoked. Sets forth requirements and procedures for review of actions of the Secretary with respect to certification, including decisions on applications and suspensions or revocations of certificates. Allows participating employers of an MEWA to use the alternative method of distributing plan summaries by sending them by first class mail to the last known addresses of participants and beneficiaries. Sets forth conditions of ERISA title I applicability to employee leasing welfare arrangements (ELWAs). Requires ELWAs to have fully insured group health plans for all employees whose services are provided under the ELWA, unless the ELWA meets certain exemption requirements or meets requirements of an approved qualified model for State certification procedures superceding such exemption requirements. Includes under such exemption requirements: (1) a minimum three-year lessor tenure; (2) solicitation restrictions; (3) creation of an employment relationship, involving disclosure statements, informed consent, and informed recruitment of the lessee's employees; (4) a requisite employer-employee relationship under the ELWA, with specified characteristics; and (5) additional requirements under specified provisions for MEWAs which are applicable to ELWAs. Makes expiration, suspension, and revocation provisions for MEWA certificates also applicable to ELWA certificates. Provides for treatment of ELWAs as employee welfare benefit plans for specified purposes. Modifies the definition of MEWA to: (1) include certain collectively bargained arrangements; (2) add to special rules relating to control groups and joint ventures; (3) include ELWAs, except those which meet applicable requirements for exemption added by this Act. Adds other requirements relating to MEWAs and ELWAs, including: (1) insured status reports for determinations of insured status, and enforcement of such reporting requirements by civil penalty; (2) actions by States in Federal court to enjoin violations of specified requirements; (3) criminal penalties for certain willful misrepresentations; and (4) inapplicability of certain requirements to group health plans maintained under ELWAs. Requires timely issuance by the Secretary of regulations under specified ERISA provisions for MEWAs. Provides for treatment of existing MEWAs as certified during the pendency of the application for certification. Provides for continuation of such treatment until the exhaustion of certain administrative remedies. Provides for termination of such treatment upon State intervention. Sets forth requirements for issuance and approval of a qualified model for State certification procedures. Provides that, if the National Association of Insurance Commissions (NAIC) develops and submits to the Congress such a model within one year after enactment of this Act, then such model will go into effect as approved by the Congress by enactment of a joint resolution. Sets forth requirements for: (1) development of model standards; and (2) terms, discharge, consideration, and rules for such joint resolution.
United States · United States Congress · 8 April 1992
Hudson River Artists National Historical Park Act of 1992 - Establishes, as a unit of the National Park System, the Thomas Cole National Historic Site, New York. Authorizes the Secretary of the Interior to establish the Hudson River Artists National Historical Park, subject to specified requirements. Authorizes the Secretary to: (1) acquire specified lands and improvements, as well as historic objects, artifacts, and other personal property associated with and appropriate for the interpretation of the Park; (2) enter into cooperative agreements with the State of New York (the State), specified entities, and individuals; and (3) accept donated funds, property, and services. Specifies that lands and improvements owned by the State may be acquired by the State only by transfer at no cost to the Federal Government. Directs the Secretary to: (1) administer the Park in accordance with this Act and all laws generally applicable to national historic sites; (2) preserve and interpret the Site; (3) preserve and perpetuate knowledge and understanding, and provide for public understanding and enjoyment, of the lives and works of the Hudson River artists (the artists); and (4) assist public and private entities in the interpretation of the artists, their houses and studios, and the vistas depicted by the artists throughout the Hudson River Valley region (region). Specifies that: (1) the Secretary shall take no action with respect to the lands and structures owned by the State within Park boundaries except through cooperative agreements in accordance with this Act; and (2) with regard to lands within the State Forest Preserve, the provisions of such cooperative agreements shall be in strict conformance with the pertinent provisions of the New York State Constitution. Authorizes the Secretary to: (1) provide technical assistance to cooperating entities for the marking, interpretation, restoration, preservation, or interpretation of Site property; and (2) enter into cooperative agreements to plan and coordinate the interpretation of the cultural and natural history of the region, and with the Greene County Historical Society to provide for the establishment of a library and research center at the Site. Directs the Secretary to submit to specified congressional committees a general management plan for the Site and Park, including: (1) recommendations and cost estimates for the identification, marking, interpretation, and preservation of properties and landscapes associated with the artists and located throughout the region; and (2) recommendations on ways to broaden public understanding of the region and its role in American prehistory, history, and culture, and to foster relevant public education, resource preservation, and appropriate levels of regional tourism. Authorizes appropriations.
United States · United States Congress · 8 April 1992
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate, on behalf of the Congress, to present a bronze medal to individuals certified by the Secretary of Defense who: (1) were members of the U.S. Armed Forces present during the Battle of Midway on June 4 through 6, 1942; and (2) participated in combat operations on those days against the Japanese military forces attacking Midway Island. Deems an individual who was killed or wounded in that attack a participant of such operation. Requires the presentation of such medal as close as feasible to the 50th anniversary of the Battle of Midway. Authorizes appropriations.
United States · United States Congress · 8 April 1992
Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired after February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period.
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 · 2 April 1992
Global Climate Protection Act - Directs the President to promulgate final regulations that will achieve stabilization of carbon dioxide emissions by January 1, 2000. Requires the Administrator of the Environmental Protection Agency to evaluate and report biennially to the Congress on the progress made pursuant to such regulations. Directs the President to promulgate additional regulations to achieve stabilization if the Administrator finds that the regulations will not achieve stabilization. Permits citizen suits against officers of the United States for failures to perform duties in accordance with this Act.
United States · United States Congress · 30 March 1992
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to eliminate the exemption for banks (or similar institutions) or insurance carriers from the requirement for an independent audit of certain financial statements regarding employee benefit plan assets.
United States · United States Congress · 12 March 1992
Energy Technology Growth Act - Authorizes appropriations for FY 1993 for the following Department of Energy (DOE) programs: (1) Fossil Energy Research and Development; (2) Nuclear Energy Research and Development; (3) Uranium Supply and Enrichment Activities; (4) the Nuclear Waste Fund; (5) Fusion Energy Research and Development; (6) Renewable Energy Research and Development; (7) Energy Conservation Research and Development; (8) Supporting Research and Technical Analysis; (9) Environmental Restoration and Waste Management Program; (10) Biological and Environmental Research; (11) Environment, Safety and Health; and (12) Steel and Aluminum Research. Makes conforming amendments to the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 and the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990. Authorizes the Secretary of Energy (the Secretary) to transfer specified funds from DOE civilian accounts during FY 1992 through 2001 for research and development projects advancing new energy supply, production, distribution, and consumption technologies, and for highly innovative technologies, including those based on yet unproven scientific theory. Directs DOE to continue the first-of-a-kind engineering design program in cooperation with the U.S. utility industry in order to begin the construction of standardized nuclear powerplants by 1995. Authorizes appropriations. Directs the Secretary to establish the Research Reactor User Complex (RRC), a research, development, and production center. Sets forth implementation guidelines, including the requirement that a contractor retained by DOE to operate the RRC shall maintain and operate the Fast Flux Test Facility for research and development on isotopes and energy. Establishes the RRC Fund to be funded by related user chargers. Amends the Internal Revenue Code to establish investment tax credits for advanced energy use property and for increased product efficiency.
United States · United States Congress · 12 March 1992
Authorizes the Committee on Standards of Official Conduct to publicly disclose the name and pertinent account information of any Member or former Member who it finds, pursuant to H. Res. 236, has abused banking privileges between July 1, 1988, to October 3, 1991.
United States · United States Congress · 11 March 1992
Paper Recycling Act of 1992 - Amends the Internal Revenue Code to impose an excise tax of four percent on the sale by the manufacturer, producer, or importer of any designated paper product that does not meet applicable minimum recycled content standards. Provides a higher tax on products which fail to satisfy the applicable standard and one or more levels below such standard. Allows a business-related tax credit for the production of high recycled content paper. Amends the Solid Waste Disposal Act to establish minimum recycled content standards for paper products for 1993 through 2004 and thereafter.
United States · United States Congress · 10 March 1992
Amends the Rail Passenger Service Act to establish as one of Amtrak's goals the achievement, by October 1, 2000, of a positive ratio of annual revenue to annual operating costs. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to establish in the Treasury an Intercity Rail Passenger Capital Improvement Trust Fund to provide moneys to improve the safety of intercity rail passenger operations. Requires amounts from a one cent tax imposed on each gallon of diesel and gasoline to be deposited into the Trust Fund.
United States · United States Congress · 27 February 1992
Expresses the sense of the House of Representatives that the President should: (1) terminate certain current Generalized System of Preferences (GSP) petitions from Central and Eastern European countries for products (Goya cheese, mushrooms, grape wine, and other products) considered and rejected in the 1990 GSP annual review as well as other specified products (nitrocellulose and sulfasalazine); and (2) reinstate his determination of May 3, 1991, to reject such petitions.
United States · United States Congress · 19 February 1992
Creates the Congressional Office of Inspector General (Office), independent of the executive departments and under the control and direction of the Speaker and minority leader of the House of Representatives. Sets forth the functions of the Office. Makes an Inspector General (Inspector), to be appointed by the Speaker and minority leader, head of the Office for a seven-year term, unless removed by the Speaker and minority leader for cause. Makes the Inspector ineligible for reappointment. Requires the Inspector to appoint: (1) an Assistant Inspector General for Auditing to supervise the auditing of the office procedures and operations of each Member or committee of the House and any other House office whose employees are paid by the Clerk; and (2) an Assistant Inspector General for Investigations to supervise investigations of such office procedures and operations. Sets forth the duties and responsibilities of the Inspector. Requires each Inspector General to report annually to the Speaker and minority leader of the House. Authorizes the Inspector to receive and investigate complaints or information from a House employee concerning the possible existence of a violation of law or the Rules of the House, mismanagement, gross waste of funds, abuse or authority, or a substantial and specific danger to the public health and safety. Prohibits the Inspector, upon receiving the complaint or information, from disclosing the complainant's identity without the employee's consent, unless such disclosure is unavoidable during the course of the investigation. Prohibits any employee who has authority to take, directs others to take, or recommends or approves any personnel action, from taking action against an employee as reprisal for making a complaint or disclosing information to an Inspector, unless the complaint was false and the complainant knew this or willfully disregarded truth or falsity.
United States · United States Congress · 19 February 1992
Expresses the sense of the Congress that: (1) consideration of the Low Income Home Energy Assistance Program (LIHEAP) should be a high priority; (2) LIHEAP funding for FY 1993 should be increased to a level greater than or equal to funding for FY 1992; and (3) the President should accept the LIHEAP funding level for FY 1993 as recommended by the Congress.
United States · United States Congress · 14 February 1992
Directs the Secretary of the Interior to: (1) identify and report to specified congressional committees on potential means to preserve and interpret the cultural resources in the Northern Frontier associated with the American Revolution; and (2) propose alternatives for cooperation in the preservation and interpretation of such resources. Authorizes appropriations.
United States · United States Congress · 5 February 1992
DES Education and Research Amendments of 1992 - Amends the Public Health Service Act to establish a program for the conduct and support of research and training, the dissemination of health information, and other measures with respect to the diagnosis and treatment of conditions associated with exposure to the drug diethylstilbestrol (DES). Mandates: (1) programs to educate health professionals and the public; and (2) longitudinal studies. Authorizes appropriations.
United States · United States Congress · 5 February 1992
Expresses the sense of the House of Representatives that: (1) the Administrator of the Environmental Protection Agency should accelerate the interim phaseout schedules and the final phaseout date of chlorofluorocarbons, carbon tetrachloride, methyl chloroform, and halons (and shall provide for complete phaseout as early as possible), accelerate the interim phaseout schedule and the final phaseout date of the hydrochlorofluorocarbons that have relatively long atmospheric lifetimes or high ozone depletion potentials, and prioritize efforts to issue regulations providing for the recapture and recycling of ozone-destroying substances used in appliances and motor vehicle air-conditioners and for the elimination of such substances used in nonessential consumer products; and (2) the President should urge the Contracting Parties to the Montreal Protocol to accelerate the interim phaseout schedules and the final phaseout date of the ozone-destroying chemicals currently covered by the Protocol, to include hydrochlorofluorocarbons within the terms of the Protocol and provide for the most rapid phaseout of those hydrochlorofluorocarbons with relatively long atmospheric lifetimes or high ozone depletion potentials, to amend the Protocol to include recapture and recycling provisions and prohibit the venting or release of ozone-destroying chemicals from refrigeration and air-conditioning units into the atmosphere by a set date, and to accelerate the compliance of developing countries with the terms of the Protocol.
United States · United States Congress · 4 February 1992
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 and other specified Federal law to restore the general revenue sharing program for FY 1992. Authorizes appropriations.
![Official portrait of Rep. Boehlert, Sherwood [R-NY-24]](https://www.congress.gov/img/member/b000586_200.jpg)