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United States · Official source
2,130 records where Rep. DeLay, Tom [R-TX-22] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 11 June 1992
Directs the Architect of the Capitol to design, construct, and maintain a public debt clock in the basement rotunda of the Cannon House Office Building to be adjusted on a continuous basis to reflect the amount of the public debt of the United States.
United States · United States Congress · 21 May 1992
Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.
United States · United States Congress · 21 May 1992
Nullifies any prohibitions against the transfer of government information about aliens to the Immigration and Naturalization Service.
United States · United States Congress · 21 May 1992
Justice in India Act - Terminates all development assistance for India under the Foreign Assistance Act of 1961 (except assistance for specified health projects) if the President reports to the Congress that India has not repealed certain special and preventive detention laws. Provides for the resumption of such assistance if India repeals such laws.
United States · United States Congress · 21 May 1992
Medical Cost Containment Act of 1992 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses.
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 · 14 May 1992
Small Business Cost Estimate Act of 1992 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office to prepare for each public measure reported by a congressional committee (except the Committee on Appropriations of each House) and to submit to that committee for inclusion in the committee report: (1) an estimate of the costs in each of the first five fiscal years of carrying out such measure and of small business compliance with such measure, if significant; and (2) a comparison of those estimates with estimates made by such committee or by a Federal agency.
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
Disapproves the Health Care Benefits Expansion Act of 1992, an Act passed by the District of Columbia Council and signed by the Mayor.
United States · United States Congress · 6 May 1992
Designates November 13, 1992, as Vietnam Veterans Memorial 10th Anniversary Day.
United States · United States Congress · 28 April 1992
Designates October 4 through 10, 1992, as National Customer Service Week.
United States · United States Congress · 9 April 1992
Amends the Federal judicial code to provide that the district courts shall not have jurisdiction over any action to determine questions regarding the inmate capacity of any State penal or correctional institution.
United States · United States Congress · 9 April 1992
Amends the Historic Preservation Act to direct the Secretary of the Interior to: (1) promulgate regulations outlining procedures for making eligibility determinations for the National Register of Historic Places; and (2) make such determinations promptly upon receipt of a request from any Federal agency, State or local government, or person which may be affected by such determination. Specifies that: (1) such regulations shall provide that only the Secretary is empowered to make a formal determination of eligibility; and (2) prior to making a determination that any property or district, five acres or larger, is eligible for the Register and therefore subject to the review process, the local governing body with authority for making land use determinations shall be given the opportunity to concur in or object to such determination (and if a simple majority objects, the Secretary shall take no further action with respect to the property until such objection is withdrawn). Deletes a requirement that such regulations include provisions to carry out specified purposes of such Act with respect to the multiple ownership of a single property.
United States · United States Congress · 8 April 1992
Expresses the sense of the Congress that the President should extend for one year the 90-day moratorium on new unnecessary Federal regulations ordered in the President's Memorandum on Reducing the Burden of Government Regulations, dated January 28, 1992.
United States · United States Congress · 31 March 1992
Designates January 16, 1993, as Religious Freedom Day.
United States · United States Congress · 26 March 1992
States and Local Legislative Prerogatives Preservation Act of 1992 - Declares that no statute, or rule promulgated under statute, shall preempt any State or local government law, ordinance, or regulation, unless the statute explicitly states that such preemption is intended or unless there is a direct conflict between the two. Directs the Congressional Research Service to prepare and make available to the public a report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes.
United States · United States Congress · 26 March 1992
Designates September 14 through 20, 1992, as National Small Independent Telephone Company Week.
United States · United States Congress · 19 March 1992
Constitutional Amendment - Requires the budget deficit for the fiscal year in which this Act is ratified to be reduced in the succeeding fiscal years such that the deficit, if any, in the succeeding fiscal years may not exceed the indicated amount of the deficit for the fiscal year (FY) in which this Act is ratified, as follows: (1) for the first FY after ratification, 80 percent; (2) for the second FY, 60 percent; (3) for the third FY, 40 percent; and (4) for the fourth FY, 20 percent. Prohibits, after the fourth FY after ratification, expenditures from exceeding receipts unless such expenditures are authorized by a law approved by three-fifths of each House of the Congress. Prohibits, beginning with the first FY after ratification, the total amount of revenues from exceeding 20 percent of the gross national product for the preceding FY unless authorized by a law approved by three-fifths of each House of the Congress. Requires, beginning with the sixth FY beginning after ratification and continuing until the national debt is extinguished, each fiscal budget to include a debt reduction payment equal to at least four percent of the total receipts. Allows the Congress to waive the provisions of this Act for any fiscal year in which a declaration of war is in effect. Requires reducing any deficit that occurs as a result of such war within five fiscal years after the war following procedures set forth in this Act. Grants the President item veto authority over any appropriation in a bill or joint resolution.
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 · 17 March 1992
Designates May 16 through 22, 1992, as National Awareness Week for Life-Saving Techniques.
United States · United States Congress · 17 March 1992
Commends the New York Stock Exchange on the occasion of its bicentennial on May 17, 1992.
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
Freedom from Government Competition Act of 1992 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources unless: (1) the goods or services are required by law to be produced or performed, respectively, by the agency; (2) or the head of the agency determines and certifies to the Congress that Government production, manufacture, or provision of a good or service is necessary for national defense, that a good or service is so inherently governmental in nature that it is in the public interest to require production or performance by a Government employee, or that there is no private source capable of providing the good or service. Requires the Director of the Office of Management and Budget to study and report to the Congress on: (1) agency activities which are inconsistent with such requirements; and (2) a schedule for transferring such activities to the private sector.
United States · United States Congress · 5 March 1992
Medicare Geographic Data Accuracy Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to consult with State medical societies in revising the geographic adjustment factors used to determine reimbursements for physician services under part B (Supplementary Medical Insurance) of Medicare. Requires the Secretary to base geographic-cost-of-practice indices under Medicare upon the most recent available data.
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 · 3 March 1992
Amends the District of Columbia Code to impose a sentence of life in prison without parole, or death, for murder in the first degree in the District of Columbia.
United States · United States Congress · 27 February 1992
Designates March 17, 1992, as Irish Brigade Day.
United States · United States Congress · 27 February 1992
Designates the week beginning April 19, 1992, as National Credit Education Week.
United States · United States Congress · 25 February 1992
Citizen Representative Reform Act Merit Pay Provision - Amends the Legislative Reorganization Act of 1946 to reduce the annual salary of a Member of Congress by five percent if the total expenditures of the Federal Government exceed its total receipts for a fiscal year. Makes the reduction effective the first pay period beginning on or after the date the Congress receives the report from the Secretary of the Treasury relating to such fiscal year. Requires such reductions in salary to be disregarded the first pay period beginning on or after the date the Congress receives a report indicating that total receipts of the Federal Government are greater than or equal to its total expenditures for a fiscal year. Requires restoration of the Member's salary for such position to the level which would then be in effect without enactment of this Act. Mandates such pay adjustments before any other adjustment scheduled to take effect on the same day for the same position. Prohibits the House of Representatives or the Senate from considering any bill or resolution increasing the salary for Members of Congress, with specified exceptions, unless the bill or resolution deals with no subject matter other than a pay increase for members. Requires a recorded vote by the House or Senate in the passage or adoption of such bill or resolution to reflect the vote of each Member voting.
United States · United States Congress · 24 February 1992
Repeals provisions of the Communications Act of 1934 which: (1) provide for grants for the planning and construction of public telecommunications facilities; (2) establish and fund the National Endowment for Children's Educational Television; (3) provide for grants for the development of nonbroadcast telecommunications facilities and services for the delivery of health, education, and public or social service information; (4) establish and fund the Corporation for Public Broadcasting; (5) prohibit Federal interference with or control over public telecommunication or the Corporation; (6) prohibit the support of, or opposition against, any political candidate on a noncommercial educational broadcasting station; and (7) authorize the limited use of business or institutional logograms within public television or radio broadcast.
United States · United States Congress · 19 February 1992
Amends the Internal Revenue Code to provide a partial exclusion of dividends or interest received by an individual.
United States · United States Congress · 19 February 1992
Designates September 13, 1992, as Commodore John Barry Day.
United States · United States Congress · 18 February 1992
Amends the Harmonized Tariff Schedule of the United States to provide a duty on 1,6-hexamethylene diisocyanate.
United States · United States Congress · 5 February 1992
Designates January 16, 1993, as National Good Teen Day.
United States · United States Congress · 4 February 1992
Designates August 4, 1992, as National Neighborhood Crime Watch Day.
United States · United States Congress · 28 January 1992
Health Care Savings Plan Act of 1992 - Amends the Internal Revenue Code to allow individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Defines an eligible individual as: (1) one who is not covered by an employer-provided group health plan; or (2) one who is covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by any other health plan. Allows penalty-free withdrawals from such accounts to the extent that amounts in such accounts exceed $15,000. Allows such deduction in arriving at adjusted gross income. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Allows the full deduction for medical and dental expenses for amounts paid for qualified catastrophic coverage health plans.
United States · United States Congress · 24 January 1992
Designates the week beginning August 16, 1992, as National Convenience Store Appreciation Week.
United States · United States Congress · 22 January 1992
Federal Land Acquisition Impact Relief Act of 1992 - Requires the head of an agency to prepare an economic impact analysis prior to each acquisition of private land by the agency. Directs the head of an agency to pay annually to the unit of local government an amount equal to the real property taxes computed on the current market value of each parcel of private land acquired by it after October 1, 1992, other than by contemporaneous land exchange. States that if such payment is made to a State or local government with respect to a parcel of land under this Act, the payment shall be reduced in proportion to the payment in lieu of real property taxes, if any, which is made relating to the same parcel of land under any other Federal law. Authorizes appropriations.
United States · United States Congress · 22 January 1992
Amends Federal law to prohibit a Member of the House of Representatives from sending any franked mass mailing outside the Member's congressional district. Authorizes a Member of Congress to mail franked mail with a simplified form of address for delivery within his or her congressional district only. (Current law permits such mailings throughout the Member's State.) Prohibits the Committee on House Administration from approving any payment for, and a Member from making any expenditure from, any allowance of the House or any other official funds if any portion is for any cost related to a mass mailing by a Member of the House outside his or her congressional district.
United States · United States Congress · 26 November 1991
Directs the Secretary of Health and Human Services and the Secretary of Agriculture to jointly report to the President and the Congress on the differences in program rules under the food stamp program, Aid to Families with Dependent Children program (part A of title IV of the Social Security Act), and Medicaid program (title XIX of the Social Security Act) and how such rules could be made uniform. Requires coordination of such report with the report of the Advisory Committee on Welfare Simplification and Coordination.
United States · United States Congress · 26 November 1991
Religious Freedom Act of 1991 - Declares that the purposes of this Act include codifying the compelling interest test as set forth in Sherbert v. Verner and Wisconsin v. Yoder. Prohibits the Government from burdening the practice of religion by any person, even if the burden results from a rule of general applicability, unless the burden is essential to further a compelling governmental interest and the least restrictive means. Amends Federal law to allow the awarding of attorney's fees and other fees and expenses in actions under this Act. Applies this Act to all Federal and State law.
United States · United States Congress · 26 November 1991
Amends Federal law to require certain procedures for the imposition of a fee for a service or thing of value provided by an agency for a vessel used for the carriage of goods or passengers for hire.
United States · United States Congress · 26 November 1991
Amends the Higher Education Act of 1965 to prohibit awarding of Pell Grants to prison inmates.
United States · United States Congress · 26 November 1991
Amends the Rules of the House of Representatives to add a new rule LII that requires, before consideration, each reported bill or amendment that establishes or increases any tax, assessment, duty, tariff, user fee, or other charge imposed upon specified cargo, persons, or vessels to be accompanied by a report setting forth: (1) the economic impact on such persons and vessels; (2) the effect on international trade; (3) the amount of revenue that will be raised; and (4) an identification of the entities that will benefit from the revenue raised and those who will be adversely affected for the first five fiscal years that the bill applies. Requires the Congressional Budget Office to compile and report to the chairman and ranking minority member of certain standing committees an itemized list of all Federal taxes, assessments, duties, tariffs, user fees, and other charges currently imposed upon such cargo, persons, and vessels.
United States · United States Congress · 22 November 1991
Commends: (1) the people of Guam for their patriotism, bravery, loyalty to the United States, and many sacrifices during World War II, particularly during the invasion and occupation of the Guam territory; (2) the members of the Navy Insular Force and U.S. Navy and Marine Corps for the efforts and sacrifices they made in defense of the U.S.; (3) the Hawaiians for their sacrifices and contributions to the U.S. war effort during the attack on Pearl Harbor on December 7, 1941; and (4) the Hawaii Territorial Guard members, Varsity Victory Volunteers, the civilian workers at the Pearl Harbor Naval Ship Yard and other Hawaiian military installations, 100th Infantry Battalion, Military Intelligence Service, and 442nd Regimental Combat Team for their sacrifices and contributions to the U.S. war effort during such attack.
United States · United States Congress · 19 November 1991
Second National Blue Ribbon Commission to Eliminate Waste in Government Act - Establishes the Second National Blue Ribbon Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) review executive agency operations and existing General Accounting Office, Congressional Budget Office, Inspector General Reports, and other existing governmental and nongovernmental recommendations for reducing waste; and (3) submit to the President and the Congress a list of those recommendations with estimated savings that the Commission determines are most significant and recommendations for improving the budget process, management, and reducing waste and costs in the Government. Requires the Commission to identify, address, and to report to the President and the Congress on: (1) opportunities for increased efficiency and reduced costs in the Government that can be realized by executive action or legislation; (2) areas in the Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and ought to be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; (6) specific areas in the Government where further study can be justified by potential savings; and (7) specific recommendations for legislative and administrative actions. Requires the Commission to be funded, staffed, and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Government.
United States · United States Congress · 19 November 1991
Designates December 1, 1991, as World AIDS Day.
United States · United States Congress · 18 November 1991
Fair Disbursement of Offshore Oil Revenue Act of 1992 - Establishes the Coastal Communities Outer Continental Shelf Receipt Fund in the Treasury. Requires the Secretary of the Interior to pay into the Fund two-thirds of certain revenue from Outer Continental Shelf leases. Prescribes guidelines for distribution of such Fund to coastal States and counties. Directs the Secretary to determine which counties, parishes, boroughs, tribal governments, or other unit of general government immediately below State government level shall be designated as coastal counties.
United States · United States Congress · 7 November 1991
Economic Growth and Family Tax Freedom Act of 1991 - Title I: Nonrefundable Tax Credit for Children - Amends the Internal Revenue Code to allow a tax credit of $1,000 for each child under the age of six and $300 for each child between the age of six and 18. Makes the dependent care credit inapplicable to children under the age of six. Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates, Indexing the Basis of Certain Assets, and Excluding Gain From Sales of Principal Residences - Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for indexing the limitation on capital losses of noncorporate taxpayers. Excludes from gross income the sale or exchange of property that has been owned and used by the taxpayer as the taxpayer's principal residence. Terminates provisions relating to the rollover or gain on the sale of a principal residence. Title III: Adjusting Depreciation Rates to Reflect Inflation - Provides a depreciation deduction adjustment for tangible property (other than residential rental property and nonresidential real property) placed in service after 1991. Allows phase-in deductions for such property placed in service after 1996. Title IV: Savings Incentives - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Provides for qualified distributions from such accounts, other than for general retirement purposes, including special purpose distributions made for the purchase of a first home and for medical or educational purposes. Prohibits special purpose distributions from being made during the first five years of the account. Title V: Treatment of Passive Losses - Provides for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities. Title VI: Enterprise Zones - Subtitle A: Designation of Enterprises Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Subtitle B: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Subtitle C: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Subtitle D: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis, and to expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Subtitle E: Repeals of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
United States · United States Congress · 7 November 1991
Calls upon the President not to proceed toward the normalization of diplomatic and economic relations with the Socialist Republic of Vietnam until the Senate Select Committee on POW/MIA Affairs has reported its findings on the accounting of missing American servicemen in Southeast Asia.