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Official portrait of Rep. Eckart, Dennis E. [D-OH-11]

Rep. Eckart, Dennis E. [D-OH-11]

United States · Official source

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2,371 records where Rep. Eckart, Dennis E. [D-OH-11] is listed as a sponsor, author, or other actor. Search with topics and years

Amendment· HAMDTHAMDT 513 (98th)passed

An amendment to require a study by the Administrator to determine the adequacy of guidelines and criteria under this Act which are applicable to solid waste management and disposal facilities. The guidelines and criteria are to be studied for adequacy of protecting human health and the environment. A report on this is to be made to Congress within 36 months. Following the report revision of the guidelines and criteria is to be made to the extent necessary to insure that they are adequate to protect human health and the environment from ground water contamination.

United States · United States Congress

Amendment· HAMDTHAMDT 394 (101st)passed

An amendment consisting of the text of H.R. 1056, the Federal Facilities Compliance Act, which passed the House by a vote of 380 to 39 on July 19, 1989. The amendment specifies that federal facilities shall be subject to the provisions of the Resource Conservation and Recovery Act regulations, including administrative orders requiring corrective actions and the imposition of civil penalties and fines. The amendment clarifies that the federal government waive its sovereign immunity from EPA and state enforcement actions and empowers EPA to undertake administrative enforcement actions against federal departments and agencies to achieve compliance.

United States · United States Congress

Bill· HRH.R. 5900 (102nd)referred

Trade Worker Adjustment Assistance Act of 1992

United States · United States Congress · 12 August 1992

Trade Worker Adjustment Assistance Act of 1992 - Amends the Trade Act of 1974 to revise petition and eligibility requirements for trade adjustment assistance benefits for workers adversely affected by import competition or the relocation of U.S. production facilities abroad. Revises provisions with respect to: (1) the training of such workers; (2) employment services; (3) relocation allowances; and (4) job search allowances. Authorizes appropriations.

Resolution· HRESH.Res. 554 (102nd)passed

Concerning the situation in Bosnia-Hercegovina.

United States · United States Congress · 11 August 1992

Supports the President's statement of August 6, 1992, and commends him for taking decisive steps to put pressure on Serbia to stop the conflict in Bosnia-Hercegovina, including through: (1) the diplomatic and political isolation of Serbia; (2) the strict enforcement of sanctions provided for in United Nations (UN) Security Council Resolution 757; (3) the implementation of the Security Council-endorsed plan to place heavy weapons belonging to all factions in Bosnia-Hercegovina under UN supervision; (4) the resumption of peace talks among all parties to the conflict; and (5) urging the Security Council to authorize measures, including the use of military force, necessary to ensure the provision of humanitarian relief to the people of Bosnia-Hercegovina. Urges the Security Council to consider means by which: (1) UN and International Committee of the Red Cross personnel shall be granted immediate, unimpeded, and continuous access to all refugee camps, prisoners-of-war camps, internment camps, and other places of detention in all of the republics of the former Socialist Federal Republic of Yugoslavia; and (2) civilians in Bosnia-Hercegovina shall be protected from the use of force and violations of the laws of war. Expresses the sense of the House of Representatives that an international tribunal should be convened to: (1) investigate allegations of war crimes and crimes against humanity committed within the territory of the former Socialist Federal Republic of Yugoslavia; and (2) accumulate evidence against, charge, and otherwise prepare the basis for trying any individual whom the tribunal has probable cause to believe is responsible for or committed such a crime.

Bill· HRH.R. 5758 (102nd)referred

American Jobs Fairness Act of 1992

United States · United States Congress · 4 August 1992

American Jobs Fairness Act of 1992 - Prohibits expenditure of Federal funds to purchase components for the Superconducting Super Collider that are manufactured outside the United States, except under a contract that was open to competitive bidding (with specified exceptions for certain components).

Bill· HRH.R. 5726 (102nd)open

Securities Investor Protection Amendments of 1992

United States · United States Congress · 30 July 1992

Investment Adviser Regulatory Enhancement and Disclosure Act of 1992 - Amends the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to collect fees to cover specified costs of regulating investment advisers and their activities. Sets forth a sliding scale fee schedule based upon assets under adviser management. Authorizes the SEC to suspend the registration of any investment adviser for failure to pay the requisite fees. Directs the SEC to: (1) establish and periodically revise a schedule for the regular inspection of investment advisers (plus a more frequent schedule for certain advisers based upon enumerated risk factors; and (2) conduct and report to the Congress on surveys to determine the extent of, and reasons for, the failure of persons to register as mandated. Lists transactions which are prohibited for registered investment advisers with respect to fraudulent, deceptive, or manipulative practices, including the rendering of investment advice unsuitable to the client's financial situation and experience. Directs the SEC to promulgate rules with respect to such proscriptions. Requires registered investment advisers to disseminate to clients and prospective clients brochures disclosing specified investor protection information, including: (1) conflicts of interests; (2) compensation arrangements; (3) any disciplinary history; and (4) available remedies for disputes arising out of the investment adviser-client relationships. Requires registered investment advisers to provide each client periodically with a written statement of sales commissions and other client-paid fees, and compensation arrangements with a third party regarding recommended transactions. Directs the SEC to promulgate investor protection rules setting bond requirements against larceny and embezzlement for investment advisers who: (1) are authorized to exercise investment discretion; and (2) have access to their client's assets. Prohibits: (1) a person convicted of a felony within the last ten years from registering as an investment adviser; or (2) an investment adviser from disclosing confidential client information. Authorizes the SEC to cooperate with State securities regulatory agencies.

Law· HJRESH.J.Res. 529 (102nd)enacted

Supporting the planting of 500 redwood trees from California in Spain in commemoration of the quincentenary of the voyage of Christopher Columbus and designating the trees as a gift to the people of Spain.

United States · United States Congress · 9 July 1992

Supports the planting of 500 redwood trees from California on the northwest coast of Spain in commemoration of the quincentenary of the voyage of Christopher Columbus to the New World. Designates such trees as a gift to the people of Spain made in the name of the people of the United States.

Bill· HRH.R. 5514 (102nd)referred

Health Choice Act of 1992

United States · United States Congress · 30 June 1992

Health Choice Act of 1992 - Title I: Eligibility and Choice of Plan - Entitles each individual to benefits if they are: (1) a U.S. resident and either a citizen, national, or lawful resident alien; and (2) neither a beneficiary under title XVIII (Medicare) of the Social Security Act nor an active armed forces member. Phases in benefits over six years, phase one for prenatal and delivery services and services for children under six, phase two for individuals under 22 and individuals between 60 and 65, and phase three for all eligible individuals. Requires: (1) residents of a State to choose benefits under any arrangement provided by their State's plan; and (2) nonresidents to choose either an employment-based, managed care, or fee-for-service plan. Allows collective bargaining agreements to specify the plan in which the individual must enroll. Mandates distribution of materials and a toll-free telephone number regarding plan choice. Title II: Benefits - Subtitle A: Services - Includes in "basic health services:" (1) clinical preventive services; (2) physicians' services, rural health clinic services, and Federally qualified health center services; (3) hospital services; (4) post-hospital skilled nursing facility services; (5) part-time or intermittent home health services; (6) hospice care; (7) covered outpatient drugs; and (8) other medical and health services as defined by the National Health Board established by this Act. Considers services reasonable and necessary only if they would be so considered under Medicare and requires review of any national coverage determination to be made as under Medicare. Applies certain Medicare exclusions to this title. Subtitle B: Cost-Sharing - Part 1: General Requirements - Mandates certain deductibles for general services, inpatient services, and prescription drugs. Allows a Health Choice plan to require copayments and limited coinsurance. Prohibits deductibles or coinsurance for clinical preventive services. Mandates cost-sharing rules for capitated plans and special payment methodologies. Allows certain cost-sharing for restricted provider managed care plans. Prohibits premiums for basic health services. Part 2: Reduction in Cost-Sharing for Low-Income Individuals - Reduces deductibles for certain low income individuals. Provides for advance and retroactive cost-sharing assistance and for help in completing assistance applications. Mandates reconciliation of advance assistance with actual income. Considers an individual or family that has been determined eligible for aid under specified provisions of parts A (Aid to Families with Dependent Children) and E (Foster Care and Adoption Assistance) of title IV or Supplemental Security Income benefits of the Social Security Act to have an adjusted total income below the poverty line. Title III: Requirements for Health Choice Plans - Subtitle A: Qualified State Health Insurance Plans - Requires each qualified State health insurance plan to enroll each eligible State resident, except for an individual enrolled in a qualified multi-state employment-based health plan. Mandates health care fraud and abuse measures. Subtitle B: Qualified Employment-Based Health Plans - Requires that a qualified employment-based health plan (EBHP) specify its eligibility basis. Allows the plan to group individuals into classifications based on factors determined by the Board. Prohibits enrollment denial within a classification or on the basis of health status or use of health services. Declares that an EBHP is a multi-state plan if the percentage of individuals from one State does not exceed a level set by the Board. Subtitle C: Qualified Managed Care Plans - Specifies certain requirements for a restricted provider managed care plan, including a prohibition of expulsion on the basis of health status or use of health services, continuation of coverage if the plan terminates, and coverage of out-of-plan services. Subtitle D: Fee-for-Service Choice Plan - Requires the Board to operate a fee-for-service choice plan (Choice Plan) providing basic health services through any willing provider. Makes Medicare beneficiaries, notwithstanding other provisions of this Act, eligible for clinical preventive services under a Choice Plan. Applies certain provisions of the Social Security Act relating to: (1) withholding of payments for certain Medicaid providers to this subtitle; and (2) physician referrals to referrals for clinical laboratory services under the Choice Plan. Requires the determination of the amount, scope, and duration of Choice Plan benefits to be made by the Board. Subtitle E: Plan Requirements and Related Provisions - Part 1: Requirements Applicable to Health Choice Plans Generally - Requires each Health Choice plan to provide for at least all basic health services. Prohibits pre-existing condition exclusions. Requires that enrollment of an individual in a Health Choice include enrollment of that individual's family members. Provides for coordination and portability of coverage under qualified plans. Prohibits a Health Choice plan from paying for basic health services unless the provider is qualified to have payment made. Provides for the qualification of hospitals, physicians, other providers and suppliers, and Indian health service facilities, applying certain Medicare provisions. Requires risk management programs. Allows fee-for-service and capitated plans to restrict coverage through utilization review programs meeting standards set by the Board. Prohibits a Health Choice plan from operating a physician incentive plan (providing compensation or other financial arrangements that may reduce services) unless certain Medicare requirements are met. Protects individuals from liability to providers if a plan fails to make payments for basic health services. Requires each plan to coordinate benefits with low-income assistance under title II of this Act. Mandates quality assurance mechanisms, measures to control fraud and abuse, transmission of information regarding outcomes and expenditures, and the use of unique provider and individual identifiers and uniform plan cards. Applies certain Medicare provisions (relating to offset of payments to individuals to collect past-due obligations from a breach of scholarship and loan contracts) to this title. Requires, after complete phase-in of benefits, fee-for-service claims to be submitted electronically. Requires each plan to maintain written policies and procedures regarding advance directives, as defined in specified Medicare provisions. Part 2: Requirements and Other Applicable Provisions for Capitated Plans - Provides for the approval of State, employment-based, and managed care plans. Sets forth minimum enrollment levels for employment-related and managed care plans. Prohibits a capitated plan that has enrolled an individual from denying enrollment to the individual's family. Allows geographic limitations for State and managed care plans. Provides for the setting and calculation of payment amounts for capitated plans. Requires each capitated plan: (1) except for employment-based plans, to make certain disclosures, including regarding comparing benefits and cost-sharing to fee-for-service plans, describing pre-existing condition limitations, describing provider limits, and disclosing the availability of low-income assistance; (2) to provide grievance and appeals procedures; and (3) to establish insolvency protection. Provides for enforcement of capitated plan requirements through civil monetary penalties, suspension of enrollment, termination of approval, and intermediate sanctions. Requires capitated plans to disclose certain information to the Board. Part 3: Preemption of State Laws - Prohibits State laws and regulations: (1) requiring the offering, as part of a managed care plan or an employment-based plan, of any services; (2) specifying the individuals to be covered under such a plan or the duration of coverage; or (3) requiring a right of conversion from such a plan to an individual plan. Prohibits a State from prohibiting or regulating: (1) a managed care plan meeting the requirements of subtitle C from taking specified actions; or (2) utilization review programs meeting the requirements of specified provisions of this Act. Title IV: Cost Containment - Subtitle A: Basic Health Services - Part 1: Establishment of National Limits on Health Care Spending - Requires the Board to: (1) annually monitor nonmedicare and medicare expenditures and, if expenditures exceed allocations, reduce allocations for specified expenditures in the second succeeding year; (2) determine, according to a specified formula, overall nonmedicare and Medicare spending amounts; and (3) apportion nonmedicare spending among the States according to the number of eligible residents, adjusted to reflect certain risk factors, cost differences outside the control of providers, and other considerations the Board deems appropriate. Requires: (1) the Board to publish, for nonmedicare and Medicare spending, allocations among the classes of services; (2) the nonmedicare allocations to be reduced to account for individuals in capitated plans; and (3) a reduction in the allocation to that class for the second succeeding year after expenditures exceed the allocation. Allows the Congress, by enacting a law by a specified date in any year, to change the amounts, apportionments, allocations, or reductions set by the Board. Prohibits administrative or judicial review of: (1) the spending, apportionments, or allocations; (2) exceptions under specified provisions; or (3) payment amounts negotiated, payment methodologies used, or payment amounts established under parts 2 or 3. Part 2: Development of Negotiated Payment Amounts for Basic Health Services Under Fee-for-Service Choice Plan and the Medicare Program - Provides for negotiation of payment amounts, including Board approval of recommended negotiated amounts. Part 3: Establishment of Payment Amounts If Negotiated Amounts Not Approved - Provides, if there are no (or unsuccessful) negotiations, for establishment by the Board of the amounts. Specifies the basis for nonmedicare payment amounts. Part 4: Application of Payment Amounts - Makes the negotiated amounts (or the amounts established by the Board) in a State the payment amounts for the State under the fee-for-service plan. Makes the negotiated amounts, if approved by the Board, the basis for Medicare payments. Reduces Medicare payments, if the negotiated amounts are not approved by the Board, by a uniform factor as necessary to keep expenditures from exceeding allocations. Subtitle B: Promotion of Primary Care Services through Changes in Graduate Medical Education - Requires the Board to establish incentives for training needed personnel. Authorizes: (1) payment of additional amounts to particularly successful training programs; and (2) elimination or reduction of payments to hospitals and medical residency programs not meeting needs. Subtitle C: Administrative Savings - Mandates: (1) uniform claims forms; and (2) standards for electronic billing. Title V: Control Over Fraud and Abuse - Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to add references to Health Choice plans to specified provisions: (1) mandating or permitting exclusion of certain individuals from participation in Medicare; (2) mandating civil monetary penalties; and (3) mandating criminal penalties. Directs the Secretary of Health and Human Services, through the Inspector General, to establish a national data base containing information n health care fraud and abuse, including the identify of providers subjected to certain actions. Requires: (1) each Health Choice plan to report to and query the data base; and (2) coordination with a specified malpractice data base. Provides for confidentiality. Requires each State to maintain a health care fraud and abuse control unit. Allows a unit described in title XIX (Medicaid) of the Social Security Act to meet this requirement. Provides for the structure, functions, and resources of the unit. Requires cooperative agreements between the unit and similar units in other States, the Inspector General, and the U.S. Attorney General. Mandates the assignment and use of unique provider identifiers and unique patient identifiers. Title VI: Administration of Health Choice Program; Health Choice Trust Fund; Quality Assessment - Subtitle A: Administration - Establishes: (1) as an independent agency in the Government, the National Health Board; and (2) the National Advisory Council on Health Policy. Authorizes appropriations from the Health Choice Trust Fund for the Board and the Council. Subtitle B: Health Choice Trust Fund - Creates in the Treasury the Health Choice Trust Fund (Fund), consisting of: (1) taxes resulting from the value added tax and the health excise tax on employers imposed by this title; and (2) State contributions under this title. Requires the Fund to be managed by the Board. Authorizes the issuance of public debt obligations for purchase by the Fund. Excludes Board receipts and disbursements from U.S. budget totals. Provides for the treatment of the Board with regard to the Balanced Budget and Emergency Deficit Control Act of 1985. Transfers from the Fund to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (Trust Funds) amounts equal to the benefits and administrative costs payable from such Trust Funds as a result of specified provisions of this Act. Provides for the treatment of amounts owed to the Board or the Fund in bankruptcy and reorganization proceedings. Mandates transfers from the Fund to the Agency for Health Care Policy and Research to carry out provisions of the Public Health Service Act relating to that Agency. Requires that expenditures be made from the Fund for grants under title X of this Act relating to: (1) primary care centers and public health clinics serving medically underserved populations; and (2) specialized screening, diagnostic, and treatment services for children. Mandates expenditures from the Fund for demonstration projects under part 2 of subtitle D (relating to medical malpractice). Requires a set-asides of Fund expenditures to: (1) assure adequate support in the administration of the fee-for-service choice plan; and (2) expand the Inspector General's capacity to carry out title V (Control Over Fraud and Abuse). Subtitle C: Miscellaneous - Requires the Board to assess service quality under Health Choice plans, monitor the health status of individuals in the United States, and compile information regarding the appropriateness and quality of services under such plans to provide for a more informed choice in the selection among the plans. Amends provisions of the Social Security Act relating to outcomes research to require that the needs and priorities of the Health Choice program are reflected in the development and updating of treatment- or condition-specific practice guidelines in specified forms. Authorizes demonstration projects to improve service delivery and quality and to increase payment efficiency and effectiveness. Requires project funding to come from the Fund. Mandates reports on: (1) the impact of this Act in meeting goals in "Healthy People, 2000;" (2) consolidating Medicare and other Federal health benefit programs with the Health Choice program; and (3) the impact of this Act on facilities recognized as centers of medical excellence. Subtitle D: Resolution of Medical Malpractice Claims Relating to Health Choice Program - Part 1: Resolution of Claims - Applies this subtitle to any medical malpractice claim in any Federal or State court relating to Health Choice plan services except for a vaccine-related injury or death or to the extent that title XXI (Vaccines) of the Public Health Service Act applies. Preempts differing State laws. Mandates the development of practice guidelines for basic health services and requires that any such guideline serve as the standard of care for the resolution of medical malpractice claims. Requires regulations establishing: (1) factors commonly considered in calculating malpractice economic damages; and (2) a methodology for standardizing the costs or value associated with the factors. Makes the list and methodology admissible. Requires annual compilation of information on damage awards and categorization so as to assist triers of fact in calculating damages. Provides, when a damage award is over a specified amount, for periodic damage payments, imposes a limit on any single payment, and prohibits certain payments after the plaintiff's death. Reduces damages by the amount of collateral source payments, except for payments under title III or Medicare. Mandates development of a methodology for assisting parties in quantifying the dollar value of non-economic harm. Requires: (1) 50 percent of any punitive damages to be awarded to the State for activities to prevent medical injuries or to the State health professional licensing agency; and (2) a reduction in punitive damages by the amount of any plaintiff's attorney's fees owed. Limits the application of these requirements in States limiting malpractice award amounts. Limits attorney's fees. Part 2: Demonstration Projects, Studies, Etc. - Mandates grants for four-year demonstration projects for model administrative systems for the final resolution of all medical malpractice claims through a non-judicial process. Sets forth system requirements. Waives conflicting State laws. Requires designation of a list of medical procedures as generally preventable medical outcomes designated to be compensable in advance of the initiation of a medical malpractice claim (accelerated compensation events). Mandates research relating to the prevention of medical injuries. Requires each State to use all fees paid to the State for licensing, certification, or accreditation of health practitioners to conduct disciplinary and educational activities. Mandates a study on the impact of part 1 on specified matters. Requires an annual report on medical malpractice premiums, including geographic differences. Title VII: Medicare Benefit Improvement - Amends Medicare provisions to remove the limit on the number of inpatient hospital days covered. Revises requirements regarding inpatient hospital deductibles and eliminates references to inpatient hospital coinsurance. Modifies inpatient psychiatric hospital coverage and payments for emergency hospital services. Defines "covered outpatient drug" and specifies exclusions. Provides for determination of the payment amount for such drugs according to specified formulas. Declares that the deductible shall be the deductible under specified provisions of title II of this Act. Sets the coinsurance percentage, certain payment limits, and administrative allowances. Mandates a program to identify (and educate physicians and pharmacists concerning): (1) inappropriate prescribing and dispensing practices; (2) substandard care with respect to such drugs; and (3) potential adverse reactions. Requires related standards. Provides for the treatment of certain prepaid organizations with regard to prescription drugs, including with regard to drug buy-out plans. Requires development and annual updating and dissemination of an information guide for physicians comparing average wholesale prices of at least 500 of the most commonly prescribed covered outpatient drugs. Provides for participation agreements between pharmacies and the Secretary with specified minimum contents. Directs the Secretary to: (1) provide such electronic equipment and technical assistance as necessary for electronic claims submission by pharmacies; and (2) a point-of-sale electronic system for use by carriers and participating pharmacies in the submission of information on covered drugs dispensed to Medicare beneficiaries. Allows payment for such drugs to be made on the basis of an assignment only to a participating pharmacy. Imposes civil monetary penalties for violation of a participation agreement, excessive charges, or failure to provide certain information. Provides for limits on the length of time covered by a prescription. Amends provisions relating to the use of carriers for administration of benefits to set forth requirements applicable to carriers that make determinations or payments regarding covered outpatient drugs. Allows payment for the operation of the electronic claims system. Mandates interest on late payments by the system. Sets forth special rules for health maintenance organizations and competitive medical plans. Regulates the amount a provider may charge. Requires the Director of the Congressional Office of Technology Assessment to provide for the appointment of a Prescription Drug Payment Review Commission. Requires the Commission to report annually to the Congress on methods of determining payment for covered outpatient drugs under Medicare part B. Authorizes appropriations, payable from the Federal Supplementary Medical Insurance Trust Fund. Mandates studies on: (1) including experimental drugs and biological products as Medicare covered outpatient drugs; (2) use of mail pharmacies to reduce costs to Medicare and Medicare beneficiaries; (3) improving utilization review of covered outpatient drugs; (4) the use, studied on a longitudinal basis, of outpatient prescription drugs by Medicare beneficiaries regarding medical necessity, adverse interactions, cost, and patient stockpiling or wastage; (5) average wholesale prices as compared to actual pharmacy acquisition costs; (6) retail pharmacy overhead costs; and (7) discounts by pharmacies to other third-party insurers. Mandates a standard Medicare claims form. Adds tetanus-diphtheria boosters and their administration to the Medicare definition of "medical and other health services." Allows screening mammographies for women over 64 years old 11 (currently, 23) months after a previous screening. Modifies requirements regarding the frequency of screening pap smears. Eliminates certain Medicare cost-sharing requirements after out-of-pocket cost-sharing equals an amount specified under title II of this Act. Imposes other cost-sharing limits. Provides for the inpatient hospital deductible when phase two of this Act becomes effective. Removes provisions relating to: (1) the amount of premiums for individuals enrolled under Medicare part B (Supplementary Medical Insurance); and (2) payment of such premiums. Modifies requirements regarding: (1) the determination of the amount of monthly premiums for certain individuals; and (2) appropriations to cover Government contributions to the Federal Supplementary Medical Insurance Trust Fund and the associated contingency reserve. Amends title II (Old Age, Survivors, and Disability Insurance (OASDI)) provisions of the Social Security Act relating to entitlement to hospital insurance benefits to entitle every individual over age 64 to hospital insurance benefits under Medicare part A (Hospital Insurance). (Current law imposes certain conditions on such entitlement.) Removes provisions relating to the determination of certain monthly Medicare premiums to be paid by the State. Removes provisions allowing payment on the basis of an itemized bill. (Current law allows payment on the basis of an itemized bill or on the basis of an assignment.) Revises requirements regarding refunds of amounts billed on an unassigned basis. Subjects Medicare expenditures to reductions to assure that they do not exceed the allocation for the class of services involved under this Act. Allows a group health plan that is a qualified employment-based health plan under title III of this Act to take into account that an individual is eligible for Medicare benefits if the individual is: (1) a working aged individual, a disabled active individual in a large group health plan, or an individual with end stage renal disease; and (2) not an eligible individual under this Act. Appropriates to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund from the Health Choice Trust Fund amounts equal to the benefits and administrative expenses that result from the amendments made by subtitle A of title VIII of this Act. Title VIII: Medicaid - Amends Medicaid provisions to prohibit payments to States (and declare that a State is not required to make payments) for basic health services for which payment is made under Medicare or this Act. Title IX: Financing - Subtitle A: Value Added Tax - Amends the Internal Revenue Code to impose a tax on each taxable transaction, defined as being, in connection with a business, the sale of property in the United States, the performance of services in the United States, and the importing of property into the United States. Includes in the imposition of the tax any sale or leasing of real property and any importing of property, whether or not in connection with a business. Declares that the taxable amount is the price charged for the property or service or, in the case of exchanges, the fair market value. Sets a zero tax rate for: (1) food, housing (as a primary residence), and medical care, applying the zero rating to all transactions after such items become clearly identifiable as items to which the zero rating will apply; (2) sales to governmental entities; and (3) the providing by a governmental entity of property and services in connection with education. Taxes sales by a governmental entity only if there is a separate charge or fee. Sets a zero rate for transactions engaged in by certain charitable (section 501(c)(3)) organizations unless the organization imposes a charge or fee for the service. Allows a tax credit for the aggregate tax which has been paid by sellers to the taxpayer of property and services which the taxpayer uses in the business to which the transaction relates. Provides for the treatment of excess credit as an overpayment of tax. Makes the seller liable for the tax. Requires the seller to give the purchaser a tax invoice. Allows a person whose aggregate taxable transactions (except for transactions involving real property or importing) are under $20,000 to elect to be treated as a nontaxable person. Allows a tax credit for low income individuals. Subtitle B: Employer Contribution - Imposes an excise tax on every employer on a percentage of wages paid, specifying a higher percentage for those employers contributing to any employee medical care plan. Imposes a tax on self-employment income. Imposes similar taxes through provisions relating to railroads. Subtitle C: State Medicaid Contribution - Requires each State, as a requirement for receiving its Federal Medicaid payment, to pay to the Health Choice Trust Fund any excess of Medicaid payment to the State that would have been made (if this Act had not been in effect) for basic health services under subtitle A of title II of this Act over the Medicaid payment actually made for such service. Title X: Expansion of Primary Care and Public Health Delivery Capacity in Meeting Health Objectives - Amends the Public Health Service Act to authorize appropriations for programs relating to: (1) vaccinations; (2) the prevention and control of tuberculosis, lead poisoning, or sexually transmitted diseases; (3) migrant and community health centers; (4) health services for the homeless and for residents of public housing; (5) family planning; and (6) early intervention services for individuals with HIV disease. Mandates grants (from Health Choice Trust Funds set aside under title VI of this Act) to plan and develop primary care centers and public health clinics for medically underserved populations, allowing grant funds to be used as under provisions of the Public Health Service Act relating to community health centers. Defines a primary care center to mean a migrant or community health center or an entity qualified to receive a grant under provisions relating to health services for the homeless, health services for residents of public housing, family planning services, or early intervention services for individuals with HIV disease. Defines a public health clinic to mean an entity qualified to receive a grant under provisions relating to vaccinations or the prevention and control of tuberculosis, lead poisoning, or sexually transmitted diseases. Mandates grants (from Health Choice Trust Funds set aside under title VI of this Act) for specialized screening, diagnostic, and treatment services to children under 22 years old. Title XI: Reform of Health Insurance Market - Declares that Medicare provisions relating to the revision of National Association of Insurance Commissioners standards regarding Medicare supplemental policies apply in the case of the changes in Medicare benefits made by title VIII. Requires the Board to promulgate standards relating to health insurance policies offered to supplement the Health Choice program. Prohibits the sale or issue of any nonconforming policy, prescribing civil monetary penalties. Repeals specified provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act relating to continuation coverage.

Law· HJRESH.J.Res. 517 (102nd)enacted

To provide for a settlement of the railroad labor-management disputes between certain railroads and certain of their employees.

United States · United States Congress · 25 June 1992

Provides for settlement of certain unresolved railroad labor-management disputes. Sets forth conditions which shall apply during the resolution of such disputes. Requires all carriers and all employees affected by such unresolved disputes (referred to in three specified Executive Orders of March 31, 1992) to take all necessary steps to restore or preserve the conditions that existed before June 24, 1992 (when a strike and lockouts caused a railroad stoppage). Provides for appointment of arbitrators. Requires, within three days after enactment of this joint resolution (enactment date), the carrier parties and the labor union party, respectively, in each such dispute to each appoint one individual from the National Mediation Board's roster of arbitrators. Requires each of these pairs of individuals to select an arbitrator for that dispute, within working six days of the enactment date. Allows one individual arbitrator to be so selected for more than one of these disputes. Prohibits from being selected as an arbitrator any specified interested individual or anyone who has served as a member of any of four specifed Presidential Emergency Boards. Provides for conduct of negotiations. Requires the parties to such unresolved disputes, during the 20-day period beginning on the enactment date, to conduct negotiations for the purpose of reaching agreement on the disputes. Provides that the selected arbitrators shall be available for consultation with the parties during this initial negotiating period. Requires both the labor union and the carrier (or carriers), if they have not reached agreement within such initial period, to each submit its final offer to the arbitrator and the other party (or parties), within five days after such initial period. Requires the parties, with the assistance of the arbitrator, to engage in final negotiations to attempt to reach agreement, upon submission of such final offers and during the seven days thereafter. Requires the arbitrator, if the parties fail to reach agreement during such final negotiating period, to render a decision, within the three days following the end of such period, by selecting one of the proposed written contracts submitted under the final offers, without modification. Requires such decision and selected contract to be immediately submitted to the President. Requires the President to approve or disapprove such decision and selected contract within three days of receipt (thus providing a 38-day period after the enactment date for the entire process). Makes the selected contract, if the President approves it, binding on parties with the same effect as though arrived at by agreement of the parties under the Railway Labor Act. Provides, if the President disapproves such decision and selected contract, that the parties shall have those rights under the Railway Labor Act that they had at 12:01 A.M. on June 24, 1992 (including rights to self-help such as strikes by labor and lockouts by management). Sets forth special rules with respect to tentative agreements. Allows, upon agreement of the parties, final offers to be submitted at any time after enactment of this joint resolution. Precludes judicial review of any decision of an arbitrator under this joint resolution. Declares that nothing in this joint resolution shall prevent a mutual written agreement to any different terms and conditions.

Bill· HJRESH.J.Res. 515 (102nd)open

To provide for a settlement of the railroad labor-management disputes between certain railroads and certain of their employees.

United States · United States Congress · 25 June 1992

Provides for settlement of certain unresolved railroad labor-management disputes. Sets forth conditions which shall apply during the resolution of such disputes. Requires all carriers and all employees affected by such unresolved disputes (referred to in three specified Executive Orders of March 31, 1992) to take all necessary steps to restore or preserve the conditions that existed before June 24, 1992 (when a strike and lockouts caused a railroad stoppage). Provides for appointment of arbitrators. Requires, within three days after enactment of this joint resolution (enactment date), the carrier parties and the labor union party, respectively, in each such dispute to each appoint one individual from the National Mediation Board's roster of arbitrators. Requires each of these pairs of individuals to select an arbitrator for that dispute, within working six days of the enactment date. Allows one individual arbitrator to be so selected for more than one of these disputes. Prohibits from being selected as an arbitrator any specified interested individual or anyone who has served as a member of any of four specifed Presidential Emergency Boards. Provides for conduct of negotiations. Requires the parties to such unresolved disputes, during the 20-day period beginning on the enactment date, to conduct negotiations for the purpose of reaching agreement on the disputes. Provides that the selected arbitrators shall be available for consultation with the parties during this initial negotiating period. Requires both the labor union and the carrier (or carriers), if they have not reached agreement within such initial period, to each submit its final offer to the arbitrator and the other party (or parties), within five days after such initial period. Requires the parties, with the assistance of the arbitrator, to engage in final negotiations to attempt to reach agreement, upon submission of such final offers and during the seven days thereafter. Requires the arbitrator, if the parties fail to reach agreement during such final negotiating period, to render a decision, within the three days following the end of such period, by selecting one of the proposed written contracts submitted under the final offers, without modification. Requires such decision and selected contract to be immediately submitted to the President. Requires the President to approve or disapprove such decision and selected contract within three days of receipt. (Thus providing a 38-day period after the enactment date for the entire process.) Makes the selected contract, if the President approves it, binding on parties with the same effect as though arrived at by agreement of the parties under the Railway Labor Act. Provides, if the President disapproves such decision and selected contract, that the parties shall have those rights under the Railway Labor Act that they had at 12:01 A.M. on June 24, 1992 (including rights to self-help such as strikes by labor and lockouts by management). Sets forth special rules with respect to tentative agreements. Allows, upon agreement of the parties, final offers to be submitted at any time after enactment of this joint resolution. Precludes judicial review of any decision of an arbitrator under this joint resolution. Declares that nothing in this joint resolution shall prevent a mutual written agreement to any different terms and conditions.

Bill· HRH.R. 5407 (102nd)referred

United States Boxing Commission Act of 1992

United States · United States Congress · 16 June 1992

United States Boxing Commission Act of 1992 - Establishes in the Department of Labor the United States Boxing Commission, which shall establish minimum Federal boxing standards for professional boxing. Requires States seeking to regulate professional boxing to submit to the Commission a State boxing plan meeting specified requirements. Prohibits a professional boxing match from being in a State which: (1) does not have an approved boxing plan; or (2) has an approved boxing plan, if the Commission determines there are reasonable grounds for belief that Federal boxing standards are not being met in connection with such match. Sets forth enforcement provisions. Requires the Commission to determine an appropriate registration fee for funding the Commission. Directs the Commission to make grants, provide technical assistance, or both, to assist States in: (1) implementing their approved boxing plans; and (2) providing for a life, accident, and health insurance fund for professional boxers and others involved in professional boxing. Requires the Commission to establish a national computer data base for the collection, storage, and retrieval of certain boxing information. Directs the Commission to enter into discussions with foreign professional boxing organizations to propose adoption of standards similar to the minimum Federal boxing standards to professional boxing matches in foreign countries. Requires the Commission to reimburse the United States for amounts appropriated to it. Prohibits the Commission from: (1) entering into contracts for the television distribution of professional boxing matches; or (2) promoting professional boxing matches or rank professional boxers. Sets forth Commission powers. Requires the Comptroller General to: (1) conduct, and to submit to the Congress, a study to recommend to the Commission an appropriate amount for its registration fee; and (2) audit annually the finances of the Commission. Requires the Commission to submit annual reports to the Congress. Authorizes appropriations.

Bill· HRH.R. 5352 (102nd)reported

Great Lakes Federal Effectiveness Act

United States · United States Congress · 9 June 1992

Great Lakes Federal Effectiveness Act - Establishes a Great Lakes Research Council to: (1) advise and promote the coordination of Federal research activities and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the Great Lakes Water Quality Agreement; (2) prepare and provide to interested parties a document which includes an assessment of research activities needed to fulfill the goals of the Agreement and of existing Federal expertise in such activities and recommendations for research priorities; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a multi-media data base for such ecosystem; and (6) ensure that findings and information regarding such research is disseminated in a timely manner.

Bill· HRH.R. 5349 (102nd)referred

National Oceanic and Atmospheric Administration Great Lakes Improvements Act

United States · United States Congress · 9 June 1992

National Oceanic and Atmospheric Administration Great Lakes Improvements Act - Establishes in the National Oceanic and Atmospheric Administration a Great Lakes Office in the District of Columbia area to promote and coordinate Administration research, monitoring, and assessment work in the Great Lakes region consistent with Great Lakes Water Quality Agreement goals.

Bill· HRH.R. 5338 (102nd)referred

Balanced Budget Implementation Act of 1992

United States · United States Congress · 5 June 1992

Balanced Budget Implementation Act of 1992 - Title I: Repeal of Budget Agreement Enforcement Provisions - Repeals the budget agreement enforcement provisions of the Congressional Budget and Impoundment Control Act of 1974. Title II: Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for enforcement of deficit reduction to balance the Federal budget by the end of FY 1997. Requires enforcement to be implemented through sequestration and revenue surtax (current provisions only require budget enforcement through sequestration). Repeals provisions which govern enforcement of discretionary spending limits and pay-as-you-go through FY 1995. Revises provisions concerning enforcing deficit targets. Requires the President, within 15 calendar days after the Congress adjourns to end a session, to take action to eliminate the excess deficit, if any. Sets forth maximum deficit amounts allowed for FY 1993 through 1997. Reduces such amounts to zero by FY 1997 plus any amount designated to meet a condition of national economic urgency. Requires 60 percent of the excess deficit in a budget year to be eliminated through across-the-board outlay reductions and 40 percent through a revenue surtax. Provides rules for such sequestration process. Revises the timetable and requirements for deficit reduction reports and presidential orders. Requires within-session deficit reduction reports. Revises the list of exempt programs and activities. Exempts from sequestration: (1) all payments from one Federal direct spending budget account to another and certain intragovernmental funds; (2) payment from any revolving fund or trust-revolving fund (or similar activity) that provides deposit insurance or other Government insurance, guarantees, or any other form of contingent liability, to the extent those payments result from contractual or other legally binding commitments; and (3) credit liquidating and financing accounts. Removes the special exemption for railroad retirement benefits, certain veterans programs, payments made for the earned income tax credit, and certain low-income programs. Removes the special exceptions, limitations, and rules with respect to sequestration for: (1) certain automatic spending increases; (2) the guaranteed student loan program; (3) foster care and adoption assistance programs; (4) the Medicare program; (5) community and migrant health centers, Indian health services and facilities, and veterans' medical care; (6) the child support enforcement program; (7) payments and advances for unemployment compensation; (8) the Commodity Credit Corporation; and (9) the jobs portion of Aid to Families with Dependent Children (AFDC). Repeals the provision that requires permanent cancellation of budgetary resources sequestered from any account other than a trust or special fund account. Adds a special rule if the President exempts military personnel from sequestration with respect to further reductions in the appropriate subfunctional category. Repeals provisions concerning: (1) suspension of deficit reduction in the event of war or low economic growth; (2) the President's flexibility in making deficit reductions among defense programs, projects, and activities; (3) the special reconciliation process; and (4) modifications of presidential orders. Sets forth congressional procedures to make available excess budgetary resources and revising maximum deficit amounts whenever the President transmits to the Congress a request to approve a declaration of national economic urgency. Declares the off-budget status of social security trust funds. Title III: Tax Surcharge to Reduce Deficit - Amends the Internal Revenue Code to impose a tax surcharge on the income of every taxpayer if the Office of Management and Budget reports to the Congress and the President that a revenue increase is required. Establishes procedures for determining and administering such surcharge. Repeals such surcharge if the Secretary of the Treasury determines that it is not needed. Title IV: Budget Submitted by the President - Requires the President's budget to ensure that the deficit for such fiscal year does not exceed the maximum deficit amount. Requires the submission of a balanced budget for FY 1997 and subsequent fiscal years. Makes such requirements inapplicable during a request to approve a declaration of national economic urgency. Prescribes the contents of such declaration. Title V: Total of President's Budget Shall Represent Spending Ceiling - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Congress from passing legislation which provides budgetary resources in excess of those proposed in the President's budget. Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit any concurrent resolution on the budget from exceeding the President's budget. Title VI: Fiscal Year 1993 Deficit Reduction Actions - Requires the President to submit to the Congress a revised budget for FY 1993 to achieve the deficit targets set forth under this Act. Requires the Congress, after receipt of the President's budget, to report revised concurrent resolutions for FY 1993 to achieve such deficit targets.

Bill· HJRESH.J.Res. 501 (102nd)referred

Proposing an amendment to the Constitution of the United States to provide for representation of the District of Columbia in the Congress.

United States · United States Congress · 3 June 1992

Constitutional Amendment - Declares that the District which constitutes the seat of government of the United States shall be treated as though it were a State for purposes of representation in the Congress, election of the President and Vice President, and article V of the Constitution. Repeals the 23d Amendment.

Bill· HJRESH.J.Res. 496 (102nd)referred

Proposing an amendment to the Constitution of the United States to provide for a balanced budget of the United States Government.

United States · United States Congress · 28 May 1992

Constitutional Amendment - Requires the President, prior to each fiscal year, to propose to the Congress a budget in which total expenditures do not exceed total receipts, unless that budget is accompanied by a Presidential Declaration of National Urgency. Prohibits the Congress from approving total expenditures in excess of total receipts unless it has approved by majority rollcall vote in each House a Presidential Declaration of National Urgency. Prohibits the Congress from approving a budget which is estimated to result in a higher amount of total expenditures than those recommended by the President. Declares that total expenditures do not include debt redemption and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or any successor funds. Declares that total receipts do not include net borrowing and receipts of such trust funds or successor funds.

Law· HRH.R. 5258 (102nd)enacted

An Act to provide for the withdrawal of most-favored-nation status from Serbia and Montenegro and to provide for the restoration of such status if certain conditions are fulfilled.

United States · United States Congress · 21 May 1992

Withdraws most favored nation status from the Federal Republic of Yugoslavia. Authorizes the President to restore such status after he certifies to the Congress that: (1) such treatment would promote compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe; and (2) Yugoslavia has ceased its armed conflict with the other ethnic peoples of the region, and has agreed to respect the borders of the six republics, that formerly comprised the Socialist Federal Republic of Yugoslavia.

Bill· HRH.R. 5253 (102nd)referred

Balanced Budget Implementation Act of 1992

United States · United States Congress · 21 May 1992

Balanced Budget Implementation Act of 1992 - Title I: Repeal of Budget Agreement Enforcement Provisions - Repeals the budget agreement enforcement provisions of the Congressional Budget and Impoundment Control Act of 1974. Title II: Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for enforcement of deficit reduction to balance the Federal budget by the end of FY 1997. Requires enforcement to be implemented through sequestration and revenue surtax (current provisions only require budget enforcement through sequestration). Repeals provisions which govern enforcement of discretionary spending limits and pay-as-you-go through FY 1995. Revises provisions concerning enforcing deficit targets. Requires the President, within 15 calendar days after the Congress adjourns to end a session, to take action to eliminate the excess deficit, in any. Sets forth the maximum deficit amounts allowed for FY 1993 through 1997. Reduces such amounts to zero by FY 1997 plus any amount designated to meet a condition of national economic urgency. Requires 60 percent of the excess deficit in a budget year to be eliminated through across-the-board outlay reductions and 40 percent through a revenue surtax. Provides rules for such sequestration process. Revises the timetable and requirements for deficit reduction reports and presidential orders. Requires within-session deficit reduction reports. Revises the list of exempt programs and activities. Removes the special exemption for social security benefits, railroad retirement benefits, certain veterans programs, payments made for the earned income tax credit, and certain low-income programs. Removes the special exceptions, limitations, and rules with respect to sequestration for: (1) certain automatic spending increases; (2) the guaranteed student loan program; (3) foster care and adoption assistance programs; (4) the Medicare program; (5) community and migrant health centers, Indian health services and facilities, and veterans' medical care; (6) the child support enforcement program; (7) payments and advances for unemployment compensation; (8) the Commodity Credit Corporation; and (9) the jobs portion of Aid to Families with Dependent Children (AFDC). Repeals the provision that requires permanent cancellation of budgetary resources sequestered from any account other than a trust or special fund account. Adds a special rule if the President exempts military personnel from sequestration with respect to further reductions in the appropriate subfunctional category. Repeals provisions concerning: (1) suspension of deficit reduction in the event of low economic growth; (2) the President's flexibility in making deficit reductions among defense programs, projects, and activities; and (3) the special reconciliation process. Sets forth congressional procedures to make available excess budgetary resources whenever the President transmits to the Congress a declaration of national economic urgency. Title III: Tax Surcharge to Reduce Deficit - Amends the Internal Revenue Code to impose a tax surcharge on the income of every taxpayer if the Office of Management and Budget reports to the Congress and the President that a revenue increase is required. Establishes procedures for determining and administering such surcharge. Repeals such surcharge if the Secretary of the Treasury determines that it is not needed. Title IV: Budget Submitted by the President - Requires the President's budget to ensure that the deficit for such fiscal year does not exceed the maximum deficit amount. Requires the submission of a balanced budget for FY 1997 and subsequent fiscal years. Makes such requirements inapplicable during a declaration of national economic urgency or a declaration of war. Title V: Total of President's Budget Shall Represent Spending Ceiling - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Congress from passing legislation which provides budgetary resources in excess of those proposed in the President's budget. Title VI: Fiscal Year 1993 Deficit Reduction Actions - Requires the President to submit to the Congress a revised budget for FY 1993 to achieve the deficit targets set forth under this Act. Requires the Congress, after receipt of the President's budget, to report revised concurrent budget resolutions for FY 1993 to achieve such deficit targets.

Bill· HJRESH.J.Res. 490 (102nd)referred

Proposing an amendment to the Constitution to provide for a balanced budget of the United States Government.

United States · United States Congress · 21 May 1992

Constitutional Amendment - Requires the President, prior to each fiscal year, to transmit to the Congress a proposed budget for that year in which total expenditures (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing). Provides that if the President transmits to the Congress a declaration of National Economic Urgency for that fiscal year and if such declaration identifies the amount of excess expenditures required to meet national needs, budgetary resources equivalent to the amount of excess expenditures shall become eligible for appropriation only if Congress approves such declaration by a majority rollcall vote in each House. Prohibits the Congress from approving a budget for any fiscal year which is estimated to result in a higher amount of total expenditures than those recommended by the President for that fiscal year. Waives these provisions when a declaration of war is in effect.

Resolution· HRESH.Res. 470 (102nd)referred

Regarding United States policy toward the former Yugoslavia.

United States · United States Congress · 21 May 1992

Expresses the sense of the House of Representatives that the United States should: (1) suspend all assistance and cooperative programs with Serbia and Montenegro and prevent them from gaining access to benefits and assets available to the other newly independent states of the former Yugoslavia (independent states); (2) urge the European Community (EC), other members of the Conference on Security and Cooperation in Europe (CSCE), and the United Nations to take immediate action to impose more comprehensive sanctions against Serbia and Montenegro, such as an oil embargo; (3) urge international financial institutions to cease negotiations with Serbia and Montenegro, and urge the EC, CSCE, and other members of the United Nations to freeze credit lines to Serbia and Montenegro; (4) take no action to recognize Serbia and Montenegro until they meet EC criteria for recognition and until Serbia ceases aggression against Bosnia-Hercegovina, withdraws military forces from Bosnia, and agrees to respect the territorial integrity of all the newly independent states; (5) press for full suspension of the Yugoslav seat from the CSCE and other international bodies; (6) promote efforts to establish a security zone around Sarajevo to ensure the delivery of humanitarian assistance; (7) insist that Serbia restore the autonomy of Kosovo and Vojvodina; and (8) encourage each of the newly independent states to respect the CSCE principles guiding relations between states.

Bill· HRH.R. 5139 (102nd)open

Industrial Reinvestment and Defense Diversification Act of 1992

United States · United States Congress · 12 May 1992

Industrial Reinvestment and Defense Diversification Act of 1992 - Prohibits funds appropriated or made available by the Congress from being obligated or expended to maintain U.S. bases in North Atlantic Treaty Organization member countries if the countries do not enter into an agreement or agreements with the President to provide for the payment, in the aggregate (in the form of money or real or personal property), of at least one-half of the cost of maintaining and compensating U.S. armed forces stationed in such countries. Requires the President to report to the Congress describing any agreement reached pursuant to this Act. Ceases the prohibition on such obligation and expenditures of funds if an agreement is entered into after the prohibition takes effect and if the President submits a report to the Congress which describes the agreement. Establishes the Industrial Reinvestment and Defense Diversification Fund. Requires the Secretary of the Treasury to transfer quarterly to such Fund all NATO country payments to be credited to the Defense Cooperation Account under this Act. Transfers appropriated funds for operations and maintenance of U.S. military bases in Europe which are suspended by this Act from the Defense Cooperation Account to the Fund. Directs the Secretary of the Treasury to determine the aggregate amount of funds deposited to the Industrial Reinvestment and Defense Diversification Fund and to make such amount available for expenditure according to a specified formula for purposes including general assistance, energy research and development, and urban mass transit. Directs administrative agencies to formulate regulations to expedite consideration of grant applications for programs receiving increased appropriations pursuant to this Act by any State, county, or local government: (1) experiencing a level of unemployment greater than the national average, or (2) which has been determined to be substantially and seriously affected due to realignment or closure of a military installation or defense facility, or cancellation or curtailment of a major defense contract.

Law· HRH.R. 5126 (102nd)enacted

Civil War Battlefield Commemorative Coin Act of 1992

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.

Bill· HRH.R. 5100 (102nd)open

Trade Expansion Act of 1992

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.

Bill· HRH.R. 5117 (102nd)open

To prohibit United States assistance to Serbia and Montenegro.

United States · United States Congress · 7 May 1992

Prohibits U.S. assistance to Serbia and Montenegro or any successor entity and requires the President to block all assets of the former Yugoslavian Government until he certifies to the Congress that: (1) Serbia and Montenegro have withdrawn their forces from Croatia and Bosnia-Hercegovina; and (2) the government of Serbia and Montenegro or any successor entity is democratically-elected and recognizes the territorial integrity of neighboring states and the political rights of Kosovo. Urges President Bush to withdraw U.S. recognition of Yugoslavia and to refuse to recognize Serbian and Montenegrin claims as a successor state. Supports withholding formal recognition of Serbia and Montenegro until all Serbian military, paramilitary, and irregular units are withdrawn from Bosnia-Hercegovina, Slovenia, and Croatia and until Serbia and Montenegro respect the territorial integrity of neighboring nations. Calls upon the administration to impose an "air cap" to provide protection to Bosnia-Hercegovina and Croatia, as is being afforded to the Kurds in Iraq. Supports the immediate provision of humanitarian and refugee assistance for the victims of war in Bosnia-Hercegovina and Croatia. Urges President Bush to call for a special meeting of the United Nations Security Council to adopt a resolution calling on member countries to: (1) suspend aid to Serbia and Montenegro; (2) block Serbian assets; (3) participate in an international trade embargo of Yugoslavia; (4) withdraw recognition of the Yugoslavian Government; and (5) terminate Yugoslavia's membership in international and multilateral organizations.

Bill· HRH.R. 5000 (102nd)open

Petroleum Marketing Practices Act Amendments of 1992

United States · United States Congress · 28 April 1992

Petroleum Marketing Practices Act Amendments of 1992 - Amends the Petroleum Marketing Practices Act to allow as grounds for nonrenewal of a franchise relationship the failure of the parties to agree to changes to the franchise provisions as long as such failure is not the result of the franchisor's insistence for the purpose of converting a franchisee operation into one operated by the franchisor's employees or agents (that is, turning the franchise into a company-owned station). Prohibits a State or any political subdivision from implementing any law or regulation which requires payment for a franchisee's goodwill upon either termination or nonrenewal of a franchise. Permits State law to specify the terms and conditions under which a franchise or franchise relationship may be transferred to a franchisee's designated successor upon the franchisee's death. Requires a franchisor that does not wish to exercise its underlying lease options to lease or purchase the marketing premises, to offer to assign them to the franchisee as a prerequisite to termination or nonrenewal of the franchise relationship. Bars a franchisor from requiring, as a condition of the franchise relationship, that the franchisee waive or release its rights under Federal or State law. Declares invalid and unenforceable any franchise provision which specifies that franchise interpretation or enforcement shall be governed by the law of any State other than the one in which the franchisee has its principal place of business.

Bill· HRH.R. 4995 (102nd)referred

Savings and Loan Fraud Prosecution Task Force Act

United States · United States Congress · 28 April 1992

Savings and Loan Fraud Prosecution Task Force Act - Directs the Attorney General to establish within the Department of Justice a savings and loan criminal fraud task force.

Bill· HRH.R. 4986 (102nd)referred

Federal Facilities Toxics Release Act

United States · United States Congress · 9 April 1992

Federal Facilities Toxics Release Act - Amends the Emergency Planning and Community Right-To-Know Act to require Federal facilities that are subject to safety or chemical inventory reporting requirements under such Act or that manufacture or use a toxic chemical listed under such Act in excess of threshold amounts to comply with all Federal, State, and local requirements respecting emergency planning, notification, and reporting on substances covered by such Act. Waives sovereign immunity and the immunity of Federal employees for purposes of enforcement and injunctive relief. Authorizes the President to exempt a facility from requirements for one year if it is in the U.S. interest. Prohibits such an exemption due to lack of appropriations unless the President has specifically requested the appropriation as part of the budgetary process and the Congress failed to make it available. Authorizes additional exemptions for periods of up to one year. Permits the Administrator of the Environmental Protection Agency to commence administrative enforcement actions against Federal agencies pursuant to this Act. Authorizes appropriations. Directs the Administrator to study and report to the Congress on making chemicals used by Federal facilities subject to toxic chemical release form requirements under the Emergency Planning and Community Right-To-Know Act.

Bill· HRH.R. 4905 (102nd)referred

Oil and Natural Gas Exploration and Production Waste Management Improvement Act of 1991

United States · United States Congress · 9 April 1992

Oil and Natural Gas Exploration and Production Waste Management Improvement Act of 1991 - Amends the Solid Waste Disposal Act to make wastes associated with the exploration, development, or production of crude oil or natural gas subject to hazardous waste management requirements effective January 1, 1994. Exempts wastes from the exploration, development, and production of geothermal energy from such requirements unless the Administrator of the Environmental Protection Agency determines that regulation of such wastes is necessary to protect human health and the environment. Directs the Administrator to promulgate changes to the toxicity characteristic leaching procedure to ensure that it accurately predicts the leaching potential of wastes containing significant concentrations of oil or grease. Bans the use of produced water for dust suppression or road treatment. Defines "produced water" as water brought up from the hydrocarbon strata during the extraction of oil and gas that may include formation or injection water and any chemicals added downhole or during the oil-water separation process. Applies requirements regarding State hazardous waste management programs to programs for produced water, drilling fluids, and radioactive waste from the exploration, development, or production of crude oil or natural gas. Directs States which seek to obtain authorization to administer and enforce a regulatory program for produced water, drilling fluids, and radioactive waste to maintain programs to evaluate and remediate sites containing such wastes that may not be adequately addressed by hazardous waste management requirements. Directs the Administrator to: (1) review such programs biennially; and (2) conduct and collect permit fees for such activities for States that are not authorized to carry them out. Requires the Administrator to collect annual fees from owners or operators of facilities required to obtain operating or postclosure permits to cover costs of administering the permit program. Prohibits a State from administering a program unless the State demonstrates that it will collect an amount that adequately reflects permit program costs. Directs the Administrator to review such programs biennially. Authorizes the Administrator to collect fees from such facilities if a State is not adequately enforcing an approved fee program. Prescribes penalties for failures to pay fees. Prescribes criminal penalties for certain knowing violations concerning the management of produced water, drilling fluid, or waste associated with the exploration, development, or production of crude oil or natural gas. Directs the Administrator to promulgate regulations for the management of produced water, drilling fluids, and radioactive waste associated with such activities, including minimum requirements for design and construction of storage facilities, closure, corrective action, and financial assurances. Requires surface impoundments receiving produced water to meet specified requirements with respect to liners, leachate collection, groundwater monitoring, and leak detection. Prohibits, after 1993, the discharge of produced water to surface water, except as provided in a permit issued pursuant to the Federal Water Pollution Control Act that contains discharge limitations for at least the organic, radioactive, and chloride constituents of such water. Requires permits for the treatment, storage, or disposal of produced water or a permit-by-rule for fully enclosed tanks. Allows the disposal of drilling fluids at a drilling site after 1993 in units only if: (1) the fluids are tested and do not exhibit a hazardous waste characteristic; (2) the records containing the test data are retained for at least five years at a location specified by the Administrator; (3) the disposal units meet certain design, construction, operating, monitoring, wildlife protection, and location standards; and (4) the units are properly closed within six months of completion of drilling operations at the site. Permits the disposal of drilling fluids exhibiting a hazardous waste characteristic at an offsite facility after 1993 only if the facility has a certain permit and meets applicable standards. Requires permits for the treatment, storage, or disposal of drilling fluids or a permit-by-rule for onsite facilities and offsite treatment and storage facilities. Prohibits, until regulations regarding radioactive waste under this Act are promulgated: (1) the transfer of land for unrestricted use where the concentration of radium-226 in soil exceeds certain levels; and (2) the transfer of facilities or equipment for unrestricted use where the maximum radiation exposure level exceeds 50 microroentgens per hour at any accessible point. Authorizes the Administrator to require owners or operators of facilities, equipment, or property to undertake corrective action with respect to releases of radioactive waste from the exploration, development, or production of crude oil or natural gas to protect human health and the environment. Requires a license for the treatment, storage, or disposal of such waste or a permit-by-rule for the storage of waste in fully enclosed tanks and containers. Sets forth provisions concerning interim status for facilities in the process of applying for permits under this Act. Authorizes the Administrator or a State to require such facilities to undertake corrective action with respect to releases of produced water, drilling fluids, or radioactive waste. Prescribes civil penalties for failures to comply with corrective action orders. Authorizes and directs the Administrator to: (1) carry out a program of research, development, and demonstration of technologies which may be utilized to reduce the toxicity of produced water and other wastes from the exploration, development, or production of crude oil or natural gas; and (2) conduct a field investigation of Class II underground injection wells and compile an inventory of well failures.