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United States · Official source
2,288 records where Rep. Jontz, Jim [D-IN-5] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 9 June 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 1 June 1992
Designates March 1993 as Irish-American Heritage Month.
United States · United States Congress · 28 May 1992
Airline Competition Enhancement Act of 1992 - Amends the Federal Aviation Act of 1958 to prohibit a vendor, in the operation of its air carrier computer reservations system, from discriminating against participants in such system in specified ways, including: (1) making available to subscribers an integrated display which orders information on air carrier identity; (2) supplying information to a person creating or attempting to create such an integrated display; (3) making available, after September 30, 1994, to a subscriber or participant any subscriber or participant transaction capability which is more functional, timely, complete, accurate, reliable, secure, or efficient with respect to one subscriber, or participant, than to another; (4) charging a participant fee for, or requiring terms or conditions with, the provision of any computer reservation system feature, function, or service unless they are reasonable; (5) charging a participation fee more than the maximum fee found reasonable; or (6) prohibiting a subscriber from obtaining or using another computer reservation system. Prohibits a vendor or air carrier from requiring, or providing incentives to induce, a subscriber to use information from a computer reservation system to create an integrated display which orders information on air carrier identity. Prohibits a vendor, except on grounds of demonstrated technological incompatibility, from prohibiting or unreasonably restricting the: (1) interconnection to its computer reservation system equipment of computer hardware or software supplied by a person other than such vendor; or (2) use by a subscriber, to access any other computer reservation system or data base, or hardware and communications lines supplied by another vendor. Sets forth other specified prohibitions. Prohibits a vendor from: (1) requiring, as a condition for providing a subscriber additional computer reservation system components (including software and enhancements), that the term of the subscriber's contract be extended; (2) requiring use of its computer reservation system by such subscriber in any sale by the subscriber of the vendor's air transportation services; (3) requiring use of its computer reservation system as a condition of compensation for the sale of air transportation services by the subscriber; and (4) charging prices to subscribers conditioned on the identity of air carriers whose air transportation services are sold by such subscribers. Prohibits the enforcement of subscriber contract provisions for a contract term of more than three years. Sets forth other specified contract provisions which are not enforceable. Prohibits a subscriber from using computer software or hardware to modify information in a computer reservation system so as to produce: (1) integrated displays of such information based on air carrier identity, unless specified conditions are met; or (2) displays of such information based on subscriber or participant transaction capability. Requires vendors to submit quarterly reports to the Secretary of Transportation (Secretary) describing the manner in which they propose to comply with this Act. Requires the Secretary to transmit to specified congressional committees a compliance progress report based on the vendors' reports. Authorizes participants who object to a new or increased participant fee to demand that such action be reviewed by an arbitrator. Sets forth specified administrative provisions with respect to violations of this Act. Directs the Secretary not to give consideration to the availability of slots (reservations for an instrument flight rule takeoff or landing) at high density airports (airports at which the Administrator limits the number of instrument flight rule takeoffs and landings) in: (1) determining the provision of basic essential air service to small communities; and (2) selecting an air carrier to provide such service. Requires the Secretary to ensure that a sufficient number of such slots are available to the air carrier providing such service at such airports. Provides for the transfer of slots at such airports.
United States · United States Congress · 28 May 1992
Animal Medicinal Drug Use Clarification Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose, provided the use does not result in residues in food in violation of established safe levels for the drug; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 28 May 1992
Prohibits, unless a certification under this Act is in effect: (1) U.S. economic assistance to the Government of Russia; and (2) the U.S. Executive Director of the International Monetary Fund (IMF) from consenting to an increase in the U.S. quota in the IMF. Requires the Secretary of the Treasury, unless such certification is in effect, to instruct the U.S. Executive Directors of the IMF and other international financial institution to oppose any loan to the Government of Russia. Describes such certification as a certification by the President to the Congress that: (1) progress has been achieved toward removal of Russian armed forces from Estonia, Latvia, and Lithuania; (2) additional Russian armed forces have not been brought into such countries for any purpose without their permission; (3) artillery exercises or training operations are not being conducted by Russian armed forces on the territory of such countries without their permission; (4) Russian military installations in such countries are open to inspection by the governments of such countries; (5) Russian air and naval forces are not interfering with traffic in the air space or territorial waters of such countries; and (6) the Russian Government is keeping such governments informed regarding the number and location of Russian armed forces in such countries. Makes such certifications effective for six months and authorizes the President to make recertifications for additional six-month periods. Terminates the restrictions under this Act if the President certifies that all Russian armed forces have been withdrawn from such countries.
United States · United States Congress · 28 May 1992
Designates July 2, 1992, as National Literacy Day.
United States · United States Congress · 28 May 1992
Designates the week beginning November 8, 1992, as National Women Veterans Recognition Week.
United States · United States Congress · 26 May 1992
Amends the Water Resources Development Act of 1986 to make the prohibition on Great Lakes diversions inapplicable to any new diversion of water which will not exceed an average of 5,000,000 gallons per day in any 30-day period.
United States · United States Congress · 21 May 1992
Rural Electrification Administration Improvement Act of 1992 - Amends the Rural Electrification Act of 1936 to provide that if a borrower of a loan made or guaranteed by the Rural Electrification Administration (REA) applies for an electric or telephone service loan from a private lender, REA shall grant the private lender a lien accommodation on the total assets securing the unpaid balance on an equal and pro rata basis with the Government lien, except if such private loan will adversely affect the borrower's ability to repay the Government. Subordinates the REA lien to a lien made by a private lender on a non-electric or non-telephone rural development loan if the borrower's revenues will be sufficient to meet all loan obligations. Revises discounted loan prepayment provisions to permit prepayment or sale of a loan that was advanced before a certain date or has been fully advanced for not less than two years. Limits future loan eligibility for prepaying borrowers. Repeals provisions regarding: (1) borrower net worth; and (2) the prepayment privatization demonstration program.
United States · United States Congress · 21 May 1992
Revitalization of Health and Education in Rural America Act of 1992 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Administrator of the Rural Electrification Administration to establish a program for providing grants to qualified consortia to assist them in obtaining access to modern interactive telecommunications systems through the public switched network. Sets forth: (1) application requirements; (2) review and comment procedures (by a State agency); (3) criteria for selection of grantees (giving priority to applications demonstrating the greatest likelihood of successfully and efficiently carrying out specified activities, the participation of the local telephone exchange carrier in providing and operating the telecommunications transmission facilities required by a State plan for upgrading rural telecommunications infrastructure, and unconditional financial support from the local community, and ensuring (to the extent possible) that various regions of the United States benefit from the use of the grants); and (4) limits on the maximum grant amount and the period of disbursement of grants. Specifies that grants under this Act may be used to support the costs of activities involving the sending and receiving of information to improve health care or educational services in rural areas. Sets limitations with respect to: (1) the use of grant funds for the acquisition of interactive telecommunications equipment; (2) the use of such funds to employ consultants; and (3) the authorization of appropriations. Bars the use of funds under this Act to establish or operate a telecommunications network or telecommuncations service for hire. Amends the Rural Electrification Act of 1936 (REA) to: (1) provide for a reduction in the interest rate on insured telephone loans for borrowers from States with plans for upgrading rural telecommunications infrastructure; and (2) eliminate a preference for rural telephone bank loans for borrowers located in such States. Modifies the definition of "rural area" for purposes of telephone loans to mean specified areas not included within the boundaries of an area having a population in excess of 10,000 (currently, 1,500) inhabitants. Expresses the sense of the Congress that persons eligible for telephone loans under the REA who are interested in upgrading telecommunications in rural areas should obtain financial assistance under such Act through a subsidiary in order to limit the assets subject to the lien requirements of such Act. Directs the Administrator of the Rural Electrification Administration and the Governor of the Rural Telephone Bank to prescribe such regulations as necessary to carry out this Act.
United States · United States Congress · 20 May 1992
Designates the Federal building and U.S. courthouse located at 204 South Main Street in South Bend, Indiana, as the Robert A. Grant Federal Building and United States Courthouse.
United States · United States Congress · 19 May 1992
Designates September 10, 1992, as National DARE (Drug Abuse Resistance Education) Day.
United States · United States Congress · 14 May 1992
Octane Replacement Act of 1992 - Directs the Secretary of Energy (the Secretary) to issue regulations establishing a program to require that, on a schedule of increments from one-half to two between 1994 and 2006, specified octane numbers of the octane ratings of domestically sold gasoline be derived from domestically produced, renewable nonpetroleum sources. Authorizes the Secretary to waive application of such requirements for any ozone nonattainment area during the high ozone season upon a determination by the Administrator of the Environmental Protection Agency that compliance would prevent or interfere with the attainment by the area of a national primary ambient air quality standard. Requires the Secretary to issue regulations establishing a system for the use of marketable octane credits for domestically sold gasoline under which credits due to gasoline with a higher octane number than is statutorily required, derived from domestically produced, renewable, nonpetroleum sources, may be used to offset gasoline sales with a lower octane number than is required. Permits the transfer of such credits between companies or within one company.
United States · United States Congress · 14 May 1992
Designates the week beginning February 14, 1993, as National Visiting Nurse Associations Week.
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.
United States · United States Congress · 7 May 1992
Central Valley Project Improvement Act - Prohibits the Secretary of the Interior from entering into any new short-term, temporary, or long-term contracts or agreements for water supply from the Central Valley Project (CVP), California (a Bureau of Reclamation facility) for any purpose other than fish and wildlife before certain requirements have been met. Provides an exception to such prohibition for long-term contracts for the sale of the CVP water to California water agencies for municipal and industrial purposes. Requires the revenues from such long-term contracts to be covered into the Restoration Fund established by this Act. Authorizes the Secretary to renew any existing long-term repayment or water service contract for the delivery of CVP water for up to 20 years, provided that the Secretary has analyzed such contract's impact pursuant to Federal environmental laws and complied with applicable State environmental laws. Requires the Secretary to prepare a programmatic environmental impact statement on CVP water contract renewals. Establishes the terms and conditions for all new and newly renewed or amended CVP water contracts for agricultural, municipal, or industrial purposes. Places restrictions on the transfer of water under contract to users in California. Requires contractors to: (1) meter ground and surface water; (2) ensure that drainage discharges meet all applicable State and Federal water quality standards; and (3) make all CVP water subject to contract available pursuant to a specified system of tiered water pricing. Directs the Secretary: (1) to establish and administer an office on CVP water conservation best management practices that develops criteria for evaluating the adequacy of all water conservation plans developed by CVP contractors; (2) to periodically review and evaluate all existing conservation plans submitted by contractors to determine whether they meet conservation and efficiency criteria; and (3) in developing criteria, to grant substantial deference to the recommendations of the Final Report of the San Joaquin Valley Drainage Program. Provides that all increased revenues received by the Secretary as a result of increased water prices established under this Act shall be covered to the Restoration Fund (and, to the extent that such funds are actually expended, credited toward the reimbursable fish, wildlife, and habitat restoration costs established under this Act). Authorizes and directs the Secretary to operate CVP so as to: (1) protect, restore, and enhance affected fish, wildlife, and related habitat; and (2) permit the use of CVP water for fish and wildlife purposes. Directs that mitigation for fish and wildlife losses incurred as a result of construction, operation, or maintenance of the CVP be concurrent with or prior to such activity and be based on the replacement of ecologically equivalent habitat. Authorizes and directs the Secretary to: (1) develop and implement a program to ensure that, by the year 2002, natural production of anadromous fish in Central Valley rivers and streams will be sustained, on a long-term basis, at levels not less than twice the average levels attained during the period of 1981-1990; (2) assign to 1.5 million acre-feet of project yield, upon enactment of this Act, the primary purpose of implementing the fish, wildlife, and habitat restoration purposes and measures authorized by this Act, subject to specified requirements; (3) develop and implement a program to mitigate fully for fishery impacts associated with operations of the Tracy Pumping Plant; (4) develop and implement a program to mitigate fully for fishery impacts resulting from operations of the Contra Costa Canal Pumping Plant No. 1; (5) install and operate a structural temperature control device at Shasta Dam to control water temperatures in the Upper Sacramento River; (6) meet flow standards and objectives and diversion limits set forth in all existing State regulatory and judicial decisions which apply to CVP facilities; (7) investigate the feasibility of using short pulses of increased water flows to increase the survival of migrating juvenile anadromous fish in the Sacramento-San Joaquin Delta and Central Valley rivers and streams; (8) develop and implement a program which, to the extent possible, will eliminate losses of anadromous fish due to flow fluctuations caused by the operation of any CVP storage facility; (9) develop and implement measures to correct fish passage problems for adult and juvenile anadromous fish at the Red Bluff Diversion Dam; (10) rehabilitate and expand the Coleman National Fish Hatchery by implementing the U.S. Fish and Wildlife Service's Coleman National Fish Hatchery Development Plan, and modify the Keswick Dam Fish Trap to provide for its efficient operation at all project flow release levels; (11) develop and implement a program to restore the natural channel and habitat values of Clear Creek, construct new fish passage facilities at the McCormick-Saeltzer Dam, and provide flows in Clear Creek to provide optimum spawning, incubation, rearing, and outmigration conditions for all races of salmon and steelhead trout; (12) develop and implement a program for restoring and replenishing, as needed, spawning gravel lost due to the construction and operation of CVP dams, bank protection programs, and other actions that have reduced the availability of spawning gravel in the rivers impounded by CVP facilities; (13) develop and implement a program for closure of the Delta Cross Channel and Georgiana Slough during times when significant numbers of striped bass eggs, larvae, and juveniles approach the Sacramento River intake to the Delta Cross Channel or Georgiana Slough; (14) construct a barrier at the head of Old River to be operated on a seasonal basis to increase the survival of young outmigrating salmon that are diverted from the San Joaquin River to CVP and State Water Project pumping plants; (15) deliver firm water supplies of suitable quality, in support of the objective of the Central Valley Habitat Joint Venture, to maintain and improve wetland habitat on units of the National Wildlife Refuge System in the Central Valley of California, the Gray Lodge, Los Banos, Volta, North Grasslands, and Mendota state wildlife management areas, and the Grasslands Resource Conservation District in the Central Valley; (16) establish a comprehensive assessment program to monitor fish and wildlife resources in the Central Valley and to assess the biological results of actions implemented pursuant to this Act; (17) develop and implement a plan to resolve fishery passage problems at the Anderson-Cottonwood Irrigation District Diversion Dam; (18) assist, if requested by the State of California (the State), in developing and implementing management measures to restore the striped bass fishery of the Bay-Delta estuary; and (19) evaluate and revise, as appropriate, existing operational criteria in order to maintain minimum carryover storage at Sacramento and Trinity River reservoirs sufficient to protect and restore the anadromous fish of the Sacramento and Trinity Rivers. Directs the Fish and Wildlife Advisory Committee to investigate and provide recommendations to specified congressional committees concerning: (1) alternative means of improving the reliability and quality of water supplies currently available to privately owned wetlands in the Central Valley and the need, if any, for additional supplies; (2) water supply and delivery requirements necessary to permit full habitat development for water dependent wildlife on 120,000 acres and feasibility means of meeting that water supply requirement; (3) measures to maintain suitable temperatures for anadromous fish survival in the Sacramento and San Joaquin rivers and their tributaries and the Sacramento-San Joaquin Delta by controlling or relocating the discharge of irrigation return flows and sewage effluent, and restoring riparian forests; (4) opportunities for additional hatchery production to mitigate the impacts of water development on Central Valley fisheries where no other feasible means of mitigation is available; (5) measures to eliminate losses of juvenile anadromous fish resulting from unscreened or inadequately screened diversions on the Sacramento and San Joaquin rivers, their tributaries, and in the Sacramento-San Joaquin Delta; (6) measures to eliminate barriers to upstream migration of adult salmonids in the Central Valley; and (7) construction of temperature control structures on Trinity, Lewiston, and Whiskeytown Dams to conserve cold water for fishery protection. Requires the Secretary to: (1) investigate and report to specified congressional committees on all effects of the CVP on anadromous fish populations and the fisheries, communities, tribes, businesses, and other interests and entities that have now or in the past had significant economical, social, or cultural association with those fishery resources; and (2) develop readily usable and broadly available models and supporting data to evaluate the ecologic and hydrologic effects of existing and alternative operations of public and private water facilities and systems in the Sacramento, San Joaquin, and Trinity river watersheds. Directs the Secretary, commencing in the water year following the year in which this Act is enacted, to: (1) charge full cost for the delivery of CVP water (other than water delivery under a water rights or exchange contract) used in the production of any crop of an agricultural commodity for which an acreage reduction program is in effect, unless the Secretary of Agriculture determines that the domestic stocks of the program commodity are inadequate to provide for a reserve that can reasonably be expected to meet a shortage caused by foreseeable disruptions in the supply of the commodity, subject to specified requirements; and (2) allocate reductions in contract deliveries of CVP water, when hydrologic or weather conditions are deemed by the Secretary to necessitate such reductions, first to contracting districts or agencies by amounts which equal the amount of CVP water (other than water delivery under a water rights or exchange contract) used in the district or agency in the preceding water year to produce crops of an agricultural commodity for which an acreage reduction program is in effect under the provisions of the Agricultural Act of 1949. Establishes the Central Valley Project Restoration Fund for the receipt of revenues and funds provided by this Act. Provides revenues for the Restoration Fund by directing the Secretary to impose an annual operations and maintenance charge on CVP power and water sales. Specifies that the charge shall be added to the costs of CVP water and power sales in a manner that results in rate increases of equal proportion as measured against total revenues received annually from each sector. Authorizes the Secretary to provide funding to non-Federal entities to implement actions authorized by this Act and for specified purposes. Bars the Secretary from expending any funds on construction of capital facilities for which the State is required to contribute a share of total costs until the State has agreed to meet such cost-sharing requirements. Outlines additional authority granted to the Secretary by this Act with respect to the CVP. Specifies that: (1) this Act does not and shall not be interpreted to authorize construction of water storage facilities; and (2) contract modification required solely to implement the provisions of this Act shall not subject CVP contractors, including exchange and water rights contractors, to the provisions of the Reclamation Reform Act of 1982. Sets forth reporting requirements. Authorizes the Secretary to purchase: (1) from willing sellers at fair market value agricultural land and associated water rights and other property interests which receive CVP water under a contract executed with the United States; and (2) agricultural land which, in the Secretary's opinion, would, if permanently retired from irrigation, improve the quality of an irrigation district's agricultural wastewater and assist the district in implementing specified agricultural wastewater management activities, or which are no longer suitable for sustained agricultural production. Establishes: (1) the Central Valley Project Fish and Wildlife Advisory Committee (to make recommendations with respect to fish, wildlife, and environmental restoration actions identified in this Act); and (2) the Central Valley Project Transfer Advisory Committee (to report to the Congress and the President on all issues associated with the transfer of CVP facilities and assets to California). Directs the Secretary to investigate and, if feasible, develop and implement a program using dredged material to restore, protect, and expand San Francisco Bay and Delta wetlands. Authorizes appropriations.
United States · United States Congress · 7 May 1992
Civil War Battlefield Commemorative Coin Act of 1992 - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins to commemorate the 100th anniversary of Civil War battlefield preservation. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Civil War Battlefield Foundation for the preservation of historically significant Civil War battlefields.
United States · United States Congress · 7 May 1992
Trade Expansion Act of 1992 - Title I: Market Access Provisions - Subtitle A: Enforcement of United States Rights Under Trade Agreements and Response to Certain Foreign Trade Practices - Amends the Trade Act of 1974 to extend through calendar year 1997 the requirement that the United States Trade Representative (USTR) identify U.S. trade liberalization priorities. Expresses the sense of the Congress that foreign countries that have substantial trade surpluses with the United States, and maintain acts, policies, or practices that are major barriers to, or distortions of, potential U.S. export trade, should be identified (for purposes of "Super 301" under the Trade Act of 1974) as priority foreign countries, and such acts, policies, or practices identified as priority practices. Amends the Trade Act of 1974 to authorize any interested person to request the USTR to review to determine whether a foreign country is in material compliance with the terms of a trade agreement. Defines an "interested person" as any person with a significant economic interest that is being or has been adversely affected by a foreign country's failure to comply materially with terms of a trade agreement. Requires the USTR to determine what action to take if a foreign country is found not in material compliance with such agreement. Directs the USTR to initiate an investigation of all acts, policies, and practices of Japan, Korea, and Taiwan that affect the access of U.S. rice to their markets. Requires the USTR to negotiate the elimination of such acts, policies, and practices, and report to the Congress on the progress of such negotiations. Subtitle B: International Trade in Motor Vehicles and Motor Vehicle Parts - Directs the USTR to initiate an investigation of all acts, policies, and practices of Japan that affect the access of U.S. motor vehicles and motor vehicle parts to its market, including but not limited to: (1) acts, policies, and practices utilized in the Japanese automotive distribution system; (2) toleration of anticompetitive activities by private Japanese firms (including "Keiretsu"); (3) exclusionary business practices; and (4) testing requirements and other government regulations. Requires the USTR to negotiate with Japan for a trade agreement that: (1) eliminates such acts, policies, and practices; (2) provides enforcement of Japan's commitments under the Structural Impediments Initiative, the Market -Oriented Sector Specific agreements, and the Action Plan announced at the Tokyo Summit in January 1992 with respect to trade in, and purchase of, motor vehicles and motor vehicles parts; (3) establishes long term goals for the purchase by Japanese motor vehicle manufacturers of high value-added motor vehicle parts and accessories; and (4) establishes procedures for the exchange of information between the United States and Japan that will permit the accurate assessment of the bilateral trade in motor vehicle parts. Requires the USTR to report to the Congress if such negotiations prove unsuccessful. Directs the President to negotiate with Japan for a voluntary restraint agreement that will provide for the imposition of limitations on the aggregate number of Japanese passenger automobiles and light trucks that may be exported to the United States between 1992 and 2000. Authorizes the President to enforce such agreements. Requires specified reports with respect to such negotiations. Expresses the sense of the Congress that the USTR should refer to the U.S. Government all information pertaining to Japanese acts, policies, and practices that adversely affect access to the purchasing by Japanese motor vehicle manufacturers in the United States of U.S. motor vehicle parts by Japanese-owned or-controlled producers. Requires the Board established by the Foreign-Trade Zones Act to: (1) review the operations of U.S. and foreign motor vehicle and motor vehicle parts producers to determine any positive economic effect on the United States of such Act; and (2) take appropriate action, including revocation or modification of a foreign-trade zone or subzone grant, with respect to any producer whose operations in such zone are determined not to have a net positive effect on the U.S. economy. Title II: Customs Modernization - Customs Modernization and Informed Compliance Act - Subtitle A: Improvements in Customs Enforcement - Amends the Tariff Act of 1930 to revise customs procedures with respect to: (1) electronic transmission of forged, altered, or false data to the United States Customs Service with regard to the entry of imported merchandise; (2) penalties for failure to declare imported controlled substances; (3) examination and detention of imported merchandise; (4) certain recordkeeping requirements; (5) examination of books and witnesses; (6) review of protests by the Customs Service; (7) a repeal of a provision relating to the reliquidation on account of fraud; (8) penalties relating to manifests, false drawback or refund claims, and for fraud, gross negligence, and negligence; (9) unlawful unlading or transshipment; (10) public access to Customs Service interpretative rulings and decisions; and (11) seizure of imported merchandise. Subtitle B: National Customs Automation Program - Directs the Secretary of the Treasury (Secretary) to establish the National Customs Automation Program which shall be an automated and electronic system for the processing of commercial imports. Provides for electronic data transmission relating to: (1) remote location filing; (2) effective date of rates of duty on imported merchandise; (3) merchandise manifests; (4) imported merchandise invoices; (5) entry and release of imported merchandise; (6) admissibility in administrative and judicial proceedings of electronically transmitted information; (7) appraisement and liquidations of imported merchandise; (8) the payment of duties; (9) abandonment and damage to imported merchandise; (10) protests of Customs Service decisions; (11) refunds and errors; (12) bonds and other security; and (13) customs house brokers. Requires a refund (drawback) of duties (less one per cent of such duties) on articles produced in the United States with imported merchandise that have been destroyed under Customs Service supervision, provided such articles have not been used prior to such destruction. Sets forth provisions with respect to customs officer's immunity in regard to the appraisement of or collection of duties on imported merchandise. Subtitle C: Miscellaneous Amendments to the Tariff Act of 1930 - Amends the Tariff Act of 1930 to authorize the Secretary to disregard the difference, but not less than $20 (currently ten dollars), between the total estimated duties deposited with respect to imported merchandise and the total amount actually due on such merchandise. Authorizes the Secretary to admit duty-free: (1) gifts from persons in foreign countries to persons in the United States whose value does not exceed $100 (currently, $50), or $200 (currently, $100) in the case of gifts from persons in the Virgin Islands, Guam, and American Samoa; (2) articles accompanying persons for personal or household use whose value does not exceed $200 (currently, $25); or (3) articles whose value does not exceed $200 (currently, five dollars) in other cases. Authorizes the Secretary to waive collection of duties due on merchandise that are worth less than $20, or such greater amount as prescribed by him or her. Requires masters of vessels that have visited a hovering vessel or received merchandise while outside the U.S. territorial sea to report their arrival to the nearest customs facility. Provides for the electronic transmission of vessel documentation to the Customs Service. Requires the following vessels to report to the nearest Customs Service facility within 24 hours (or other period of time) as provided after arrival to a U.S. port: (1) vessels from a foreign port; (2) foreign vessels from a domestic port; (3) U.S. vessels having bonded or foreign merchandise for which entry has not been made; or (4) vessels which visited a hovering vessel or received merchandise outside the U.S. territorial sea. Authorizes the Secretary to permit masters of vessels to make preliminary entry of their vessel with the Customs Service in lieu of or before formal entry is made. Requires U.S. and foreign vessels to obtain clearance from the Customs Service before proceeding from a U.S. port for: (1) a foreign port; (2) another U.S. port (for foreign vessels only), or (for U.S. vessels only) another U.S. port if the vessel has bonded or foreign merchandise for which entry has not been made; or (3) outside the U.S. territorial sea to visit a hovering vessel or to receive merchandise. Exempts from entry and clearance requirements certain passenger vessels on excursion from the U.S. Virgin Islands to the British Virgin Islands and returning, U.S. documented vessels with recreational endorsement, or (as under current law) undocumented U.S. pleasure vessels not engaged in trade, except such vessels must comply upon arrival with specified customs reporting requirements and navigation laws and must not have visited any hovering vessel. Prohibits merchandise, passengers, or baggage from being unladen from any vessel required to make entry or vehicle required to report its arrival until such entry or report of arrival is made and a permit for unlading has been issued by the Customs Service. Authorizes the issuance of such permits through electronic data transmission. Requires every importer of record of merchandise to make and file electronically or otherwise a declaration stating whether such merchandise is imported pursuant to a purchase or purchase agreement and that all other required documents are true and correct. Requires persons who gained any benefit from, or met any obligation to the United States as the result of the prior exportation of merchandise that has returned as undeliverable to inform the Customs Service of the return of such merchandise within a reasonable time. Provides for electronic data transmission of entry information to complete any incomplete entry of imported merchandise. Declares entered or unentered merchandise that remains in customs custody for six months, with an extension at the importer's request of up to a year (currently, for merchandise that remains in custody for one year), and in which duties, taxes, fees, storage, and other charges have not been paid, to be unclaimed merchandise which shall be appraised and sold by the Customs Service at public auction. Authorizes the sale of imported gunpowder and other explosive merchandise that if permitted to remain in a bonded warehouse for six months (currently, one year) would depreciate in value to the extent that its sale would be insufficient to pay such duties, taxes, fees, storage, and other charges. Authorizes the Customs Service, in lieu of sale, to provide notice to interested parties that, unless, within 30 days of such notice, the subject merchandise is entered or withdrawn for consumption and payment made of all duties, taxes, and fees, transfer and storage charges and other expenses that title to such merchandise shall be deemed to vest in the United States. Authorizes the Secretary to pay to a party that has lost a substantial interest in merchandise by virtue of title vesting in the United States, and can establish that it did not receive a vesting notice, an amount from the Customs Forfeiture Fund equal to what such party would have received if such merchandise had been sold and a proper claim filed. Requires any surplus of the proceeds from the sale of such merchandise to be deposited into the Fund if a claim for such surplus is not filed with the Customs Service. Authorizes the Secretary to prescribe regulations for the declaration and entry of merchandise whose value does not exceed a certain amount, not more than $2,500 (currently not greater than $1,250), and/or when different commercial facilitation and risk considerations that may vary for different classes or kinds of merchandise or different classes of transactions may dictate. Requires the Secretary upon seizure and forfeiture of imported merchandise bearing a counterfeit mark to dispose of such merchandise more than 90 days (currently, one year) after such forfeiture. Authorizes withdrawal of imported merchandise from a warehouse for transfer to a foreign trade zone. Authorizes the Customs Service to order the destruction or other appropriate disposition of vessels, vehicles, aircraft, merchandise, or baggage that has been seized under the customs laws if it determines that the expense of keeping such items is disportionate to their value (currently applies only to items of less than $1,000 in value). Authorizes the use of funds from the Customs Forfeiture Fund for the payment of: (1) certain transfer and storage charges and expenses; and (2) claims against Customs Service employees. Requires actions for fraud, gross negligence, and negligence, false drawback or refund claims, and restoration of lawful duties with respect to imported merchandise to be instituted within five years after the alleged violation or discovery of such fraud. Requires the Customs Service to be reimbursed the administrative cost and expense incurred in collecting fees on behalf of other Federal agencies. Authorizes the Secretary to settle, for no more than $50,000 in each case, claims for personal injury, death, or damage to, or loss of, privately owned property caused by an investigative or law enforcement officer of the Customs Service. Authorizes the Secretary to contract with persons for collection services to recover indebtedness arising under the customs laws, provided the Customs Service has exhausted all administrative efforts to collect such indebtedness. Subtitle D: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws - Amends the Harmonized Tariff Schedule of the United States to exempt from such Schedule articles which are returned within 45 days after being exported from the United States as undeliverable and which have not left the custody of the carrier or foreign customs service. Prohibits such exportations from satisfying any requirement for exportation in order to receive a benefit from, or meet an obligation, to the United States as a result of such exportation. Declares that certain railway locomotives and railway freight cars on which no duty is owed are not subject to the entry or release requirements for imported merchandise under the Tariff Act of 1930. Exempts instruments of international trade, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc., from formal entry procedures. Requires them to be accounted for however, when imported to and exported from the United States through the manifesting procedures required for international carriers by the U.S. Customs Service. Amends the Internal Revenue Code and other specified Federal law with respect to: (1) certain expenditures from the Harbor Maintenance Trust Fund; and (2) coastwise trade vessels and U.S. vessels visiting foreign ports. Amends Federal law to grant the Court of International Trade exclusive jurisdiction of any civil action for review decisions of the Customs Service that deny, suspend, or revoke accreditation of private customs laboratories. Bars the commencement of such actions unless brought before such Court within 60 days of such decisions. Repeals specified provisions of Federal law. Requires the Commissioner of Customs to report to the Congress each fiscal year after FY 1992 on the collection of duties imposed under the antidumping and countervailing duty laws. Amends the Omnibus Budget Reconciliation Act of 1987 to authorize the Commissioner of Customs to obtain from the operators of centralized cargo examination stations information on fees paid for the provision of services at such stations. Requires the Commissioner to report to specified congressional committees on the payment of such fees. Amends the Customs and Trade Act of 1990 to require the Commissioner of Customs to: (1) devise a methodology for estimating the level of compliance with the U.S. customs laws; and (2) evaluate the extent to which such compliance was obtained during the 12-month period preceeding the 60th day before each fiscal year 1993 through 1995. Directs the Commissioner to initiate, and submit to the Congress, a compliance review of certain carrier services. Title III: Customs and Trade Agency Authorizations for Fiscal Years 1993 and 1994 - Amends the Tariff Act of 1930 to authorize appropriations to the United States International Trade Commission (ITC) for FY 1993 and 1994. Earmarks a specified amount for reception and entertainment expenses. Prohibits use of such funds for any special study, investigation, or report requested by an agency of the executive branch unless such agency reimburses the ITC for its costs. Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to the United States Customs Service for FY 1993 and 1994 for: (1) noncommercial operations; (2) commercial operations; and (3) the air interdiction program. Amends the Trade Act of 1974 to authorize appropriaitons to the Office of the United States Trade Representative for FY 1993 and 1994. Amends the Tariff Act of 1930 to authorize apropriations for FY 1993 and 1994 for certain expenditures from the Customs Forfeiture Fund relating to purchases by the Customs Service of evidence of smuggling of controlled substances. Amends the Trade Act of 1974 to eliminate the East-West Trade Statistics Monitoring System. Title IV: Miscellaneous Trade Provisions - Subtitle A: Nontariff Provisions - Directs the President to negotiate trade agreements that eliminate the adverse effects of anticompetitive practices on international trade. Requires the President to report to the Congress on the status of such negotiations. Expresses the sense of the Congress that the President, with respect to ensuring the effectiveness of the U.S. embargo of Cuba, should seek negotiations with countries that trade with Cuba to seek their agreement to restrict trade relations with it. Amends the Omnibus Trade and Competitiveness Act of 1988 to require the Secretary of the Treasury, at the request of the Secretary of Commerce (currently, authorizes the Secretary of the Treasury): (1) to take necessary action to ensure the attainment of the objectives of the machine tool decision of the President on May 20, 1986, and on December 27, 1991; and (2) to enforce any imported machine tool quantitative limitations, restrictions, or other terms contained in related bilateral arrangements. Requires the Secretary of the Treasury to enforce the quantitative limitations and other provisions of bilateral arrangements negotiated with Taiwan on December 31, 1991, pursuant to the President's machine tool decision of May 20, 1986, until bilateral agreements are negotiated with such country pursuant to the President's December 27, 1991, decision. Directs the ITC to report to the Congress propsals for consolidating and simplifying U.S. international trade laws. Requires the Director of the Congressional Research Service to make recommendations to the Congress about establishment of a special unit that would: (1) integrate the resources of the Service, the ITC, and other appropriate agencies; and (2) serve as a central and objective source of information for the Congress on data and trends in trade between the United States and foreign countries. Subtitle B: Foreign Subsidies and Countervailing and Antidumping Duty Amendments - Amends the Tariff Act of 1930 to require completion of reviews by the administering authority of the amount of duty with respect to countervailing and antidumping duty orders by the 270th day after the day on which a request for review was received. (Currently, there is no such deadline for completion of such a review.) Requires the ITC to consider contracts with long lead time as a factor when making material injury determinations with respect to an affected domestic industry in countervailing and antidumping duty investigations. Declares that the presence or absence of any factor the ITC is required to consider shall not give decisive guidance with respect to any threat of material injury determinations. Provides that, with respect to the determination of foreign market value of imported merchandise under investigation, no allowance shall be made to account for differences in input costs that are based on whether the end product made from the input is sold in the home market or exported. Requires the United States Customs Service to report annually to the administering authority on the amount of duties collected during each year under each countervailing and antidumping duty order. Requires the administering authority to make such data available to interested parties. Requires the administering authority, when determining whether imported parts or components are circumventing an antidumping or countervailing duty order or finding, and whether to include such parts or components in such order or finding, to consider: (1) the pattern of trade; (2) the value and sources of supply of parts or components historically used in completion or assembly of the merchandise subject to such order; (3) whether the manufacturer or exporter of such parts or components is related to the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order or finding applies; and (4) whether imports into the United States of the parts or components produced in such foreign country have increased after the issuance of such order or finding. Authorizes the administering authority to include within the scope of such order or finding imported parts or components that are used in the completion or assembly of certain merchandise sold in the United States and subject to such order or finding, provided: (1) such merchandise is completed or assembled in the United States from parts or components supplied by the exporter or producer with respect to which such order or finding applies, from suppliers that have historically supplied the parts or components to that exporter or producer, or from any party in the exporting country supplying parts or components on behalf of such exporter or producer; (2) the value of such imported parts and components is significant in relation to the total value of all parts and components used in the assembly or completion operation, excluding packing, of the imported merchandise covered by such order or finding; or (3) consideration of specified factors establishes a pattern of circumvention of a countervailing and antidumping duty order or finding. Enables the administering authority to base such a decision on any of such factors by itself, rather than on all of them together. Sets forth similar provisions for merchandise completed or assembled in other foreign countries. Directs the Secretary of Commerce and the ITC to study and report to the Congress on modification of standards applicable to the initiation of countervailing and antidumping duty actions in order to make petitioning for such initiations less costly and more accessible for domestic petitioners. Requires the USTR to report to the Congress on the operation of the Agreement Concerning the Application of the GATT Agreement on Trade in Civil Aircraft between the United States and the European Community. Expresses the sense of the Congress that the President should not enter into any international trade agreement on antidumping requiring changes in U.S. antidumping laws that would reduce the effectiveness of such laws as a remedy against injurious dumped imports. Urges the President to review antidumping provisions contained in the Draft Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations dated December 21, 1991 and seek changes to strengthen the effectiveness of U.S. antidumping laws, including, but not limited to, changes in provisions dealing with cumulation of injury and dispute settlement. Expresses the sense of the Congress that the U.S. Government should not condone the use by foreign governments of trade distorting subsidies, including development subsidies, that cause material injury to U.S. industries. Subtitle C: Other Tariff Provisions - Amends the Trade Act of 1974 to remove the Union of Soviet Socialist Republics from the list of countries ineligible for designation as a beneficiary developing country under the Generalized System of Preferences. Amends the Harmonized Tariff Schedule of the United States to create a new tariff classification to cover imports of motor fuel blending stocks. Imposes a duty on such stocks. Revises the classification of linear alkylbenzenesulfonates and linear alkylbenzene sulfonic acids. Revises a specified subheading relating to nonalloy iron and steel pipes and tubes to include non-galvanized forms of such products. Increases the duty on certain other iron and steel pipes and tubes. Imposes a duty on galvanized nonalloy iron and steel pipes and tubes having a specified thickness. Increases the duty on certain stainless steel pipes and tubes. Authorizes the USTR to negotiate compensation for claims made pursuant to the General Agreement on Tariffs and Trade, or any other trade agreement to which the United States is a party, as a result of the amendments made by this Act. Requires the Secretary of the Treasury, with respect to producers of watches in the insular possessions of the United States who are wage certificate holders, to pay to such a holder, at the holder's election, the face value of such certificates less the value of: (1) any duty refunds claimed by the holder under the certificate; and (2) any duty refunds under such certificate that are sold by such holder. Grants duty-free treatment of articles (not over $600 in value) acquired in Bermuda. Grants duty-free treatment to sweaters in which the number of U.S. citizens, nationals, or resident aliens who perform the assembly operations (in Guam) comprise at least 50 percent of the total number of assembly production workers. Sets forth specified exceptions. Provides that stuffed dolls and doll skins that are imported into the United States on or after December 31, 1985, and before October 1, 1988, shall be liquidated as duty free as of October 1, 1988. Declares that a specified production incentive certificate shall be deemed to have been reissued on the 15th day after the enactment of this Act, and shall expire one year after such day. Amends the Tariff Act of 1930 to exempt semiconductors from the country of origin marking requirements under such Act. Amends the Foreign Trade Zones Act to extend until December 31, 1994, the exclusion of bicycle component parts from the exemption from customs laws provided by such Act. Treats certain entries of fabric wholly of polyamide as having been exported from the United States in accordance with and in satisfaction of the temporary importation bond and obligations of The Umbrellas: Joint Project for Japan and U.S.A. Corporation if specified conditions are met. Amends the Harmonized Tariff Schedule of the United States to authorize the extension of time (not to exceed five years) for the exportation of articles to be repaired, altered, or processed, including processes which result in articles manufactured or produced in the United States, that are imported duty-free under bond, provided that any extension beyond the third year must be accompanied by the importer's certification that such articles are to be incorporated into a communications satellite. Subjects to liquidated damages any such articles imported after January 1, 1983, and before the effective date of this Act, that are certified by the importer as having been dedicated for incorporation into a communications satellite, and as not having been exported within the time required because of launch schedule delays. Limits such liquidated damages to a maximum one percent of the liquidated damages established under the bond.
United States · United States Congress · 6 May 1992
Designates November 13, 1992, as Vietnam Veterans Memorial 10th Anniversary Day.
United States · United States Congress · 5 May 1992
Designates September 18, 1992, as National POW/MIA Recognition Day. Requires the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Requires the flag to be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1992 (Memorial Day), and on November 11, 1992 (Veterans Day). States that the flag shall be displayed as a symbol of national concern and commitment to resolving the fates of Americans still prisoner, missing, and unaccounted for.
United States · United States Congress · 30 April 1992
Amends the Internal Revenue Code to deny a tax deduction, in the case of a taxpayer engaged in a trade or business, for: (1) expenses incurred in moving property or employees outside the United States in connection with the reduction of any business operation in the United States; (2) remuneration or other expense associated with such employees' presence outside the United States; or (3) exhaustion, wear and tear, obsolescence, amortization, or depletion with respect to such property as long as such property remains outside the United States. Repeals the foreign tax credit.
United States · United States Congress · 29 April 1992
Designates October 4 through 10, 1992, as Mental Illness Awareness Week.
United States · United States Congress · 28 April 1992
Requires the annual congressional presentation materials for foreign economic assistance to include: (1) an identification of foreign economic assistance funds that, as of September 30 of the preceding fiscal year, had been obligated for a period of two years or more but had not been expended; (2) a certification that the purposes for which such funds were obligated remain valid; and (3) the justification for such funds not having been expended, with respect to each project for which such funds remain unexpended. Directs the Inspector General of the Agency for International Development to report to the appropriate congressional committees: (1) recommendations for reducing the amount of such unexpended balances; and (2) comments with regard to justifications for funds not having been expended. Requires the President to deobligate and return to the Treasury any foreign economic assistance funds that, as of the end of the preceding fiscal year, have been obligated for a period of more than three years but have not been expended. Authorizes the President, on a case-by-case basis, to waive such requirement if he reports to the appropriate congressional committees that the funds: (1) are being used for a construction project that requires more than three years to complete; or (2) have not been expended because of unforeseen circumstances.
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.
United States · United States Congress · 9 April 1992
Multiple Employer Self-Insurance Enforcement Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise the applicability of title I (Protection of Employee Benefit Rights) to: (1) multiple employer welfare arrangements (MEWAs); and (2) employee leasing welfare arrangements. Provides for certification requirements and revises provisions relating to State regulation of both such types of arrangements. Sets forth special preemption rules governing treatment and State regulation of MEWAs. Requires certain disclosures, by any MEWA which is not fully insured, to participating employers, participants, and beneficiaries. Provides for administrative adjudication of MEWA benefit claims. Directs the Secretary of Labor (the Secretary) to: (1) provide for an Office of Special Counsel for MEWA Affairs in the Department of Labor; and (2) appoint a Special Counsel as head of such Office. Sets forth requirements for: (1) filing of charges; (2) investigation by the Special Counsel, including an Early Resolution Program; (3) review by an administrative law judge; (4) standards of review by the Wage and Employee Benefits Appeals Board (currently, the Wage Appeals Board); (5) time limitations for review by such Board; (6) service of notice and decision; (7) exhaustion of administrative remedies; (8) final and appealable decisions; and (9) review by the appropriate U.S. Court of Appeals. Provides for State regulation of MEWAs by restricting the preemption of State laws regarding them. Provides for unlimited applicability of State insurance laws to MEWAs that are not fully insured. Provides for an exemption from State laws for MEWAs which provide medical care benefits solely (exclusive of occupational illness injury benefits), and which are not fully-insured, but which meet specified certification requirements or an approved qualified model for State certification procedures superseding such requirements. Makes State laws applicable to: (1) enforcement of such certification requirements or qualified State certification procedures; (2) the services of a contract administrator or any other third party services procured by a MEWA; and (3) collection of necessary information. Provides for treatment of certified MEWAs as employee welfare benefit plans, for specified purposes. Sets forth requirements for certification of MEWAs. Directs the Secretary to issue a certificate of operation for MEWAs that are not fully insured if they meet the specified requirements for: (1) location of participants or beneficiaries in two or more States or in States not requiring specific standards; (2) complete and accurate application; (3) minimum coverage of at least 500 participants and beneficiaries; (4) sponsors; (5) sponsor membership of all participating employers; (6) control by an operating committee under a trust agreement; (7) (upon certificate issuance) identification of all individuals commencing coverage as active or retired owners, officers, directors, or employees of, or partners in, participating employers, or beneficiaries of such individuals; (8) treatment of the sponsor as the plan sponsor; and (9) certain reserves and excess/stop loss coverage. Sets forth requirements for application for certification, including filing fee and comment period, and information relating to: (1) identification of the MEWA sponsor, operating committee members, participating employers, and all participants and beneficiaries; (2) States in which the MEWA is intended to do business; (3) evidence of meeting bonding requirements; (4) plan documents; (5) agreements with service providers; and (6) a funding report (including reserves and excess/stop loss coverage, the adequacy of contribution rates, current and projected values of assets and liabilities, costs of coverage to be charged and other expenses). Requires denial of a certificate to any MEWA subject to disqualification for its sponsor's or any other associated person's: (1) intentional material misstatements in the application; (2) previous misrepresentations or fraud; (3) previous misappropriation or conversion of funds; (4) disqualification for service under fiduciary responsibility provisions of ERISA; (5) previous failures to appear before the Secretary; (6) previous denial, suspension, or revocation of certificate; and (7) other violations. Sets forth additional filing requirements for MEWA certification, including: (1) notice of material changes in information required by the application; (2) annual reports; (3) quarterly financial statements; (4) quarterly reserves statements; (5) engagement of a qualified actuary; (6) filing certificates of operation with States; and (7) notification of expansion of operation in a State (with annual reports to the Secretary to insure compliance with this notification requirement). Requires each certified MEWA to maintain specified claims reserves and surplus accounts. Allows State enforcement of such requirements. Sets certain solvency requirements for certified MEWAs, specified amounts (depending on the number of covered individuals) of aggregate and specific excess/stop loss coverage from a State-licensed insurer, including: (1) coverage in the event of termination of the MEWA; (2) a participating employer's fund; (3) State enforcement of such requirements; and (4) approval of such excess/stop loss coverage and related terms by the Secretary as a prerequisite for certification. Requires operating committees of certified MEWAs to take certain corrective actions to: (1) avoid suspension or revocation of certification; (2) give notice of a likely termination of the MEWA and develop plans for the timely payment of all benefits for which the MEWA is obligated; and (3) in specified cases of failure to comply with certain requirements, take other actions required by the State insurance commissioner to terminate the MEWA and ensure the timely payment of all benefits for which the MEWA is obligated. Allows State enforcement of such corrective action requirements. Provides for expiration of MEWA certificates of operation after three years, and renewal by application. Authorizes the Secretary to suspend or revoke such certificates in specified circumstances. Requires the Secretary to provide for publication and notice of all such expirations, suspensions, or revocations. Authorizes State insurance commissioners to exercise the Secretary's powers of suspension and revocation. Makes such State actions effective: (1) with respect to participants and beneficiaries located in that State; and (2) only after notification to the Secretary and all other State insurance commissioners. Allows State law to provide for rehabilitation, supervision, or liquidation of MEWAs in cases of specified findings or of suspensions, revocations, or expirations of certification. Requires supporting statements for any suspension or revocation decision by the Secretary or a State insurance commissioner. Requires notice and opportunity for a hearing for review before a suspension or revocation becomes effective. Requires surrender of certificates which expire or are suspended or revoked. Sets forth requirements and procedures for review of actions of the Secretary with respect to certification, including decisions on applications and suspensions or revocations of certificates. Allows participating employers of an MEWA to use the alternative method of distributing plan summaries by sending them by first class mail to the last known addresses of participants and beneficiaries. Sets forth conditions of ERISA title I applicability to employee leasing welfare arrangements (ELWAs). Requires ELWAs to have fully insured group health plans for all employees whose services are provided under the ELWA, unless the ELWA meets certain exemption requirements or meets requirements of an approved qualified model for State certification procedures superceding such exemption requirements. Includes under such exemption requirements: (1) a minimum three-year lessor tenure; (2) solicitation restrictions; (3) creation of an employment relationship, involving disclosure statements, informed consent, and informed recruitment of the lessee's employees; (4) a requisite employer-employee relationship under the ELWA, with specified characteristics; and (5) additional requirements under specified provisions for MEWAs which are applicable to ELWAs. Makes expiration, suspension, and revocation provisions for MEWA certificates also applicable to ELWA certificates. Provides for treatment of ELWAs as employee welfare benefit plans for specified purposes. Modifies the definition of MEWA to: (1) include certain collectively bargained arrangements; (2) add to special rules relating to control groups and joint ventures; (3) include ELWAs, except those which meet applicable requirements for exemption added by this Act. Adds other requirements relating to MEWAs and ELWAs, including: (1) insured status reports for determinations of insured status, and enforcement of such reporting requirements by civil penalty; (2) actions by States in Federal court to enjoin violations of specified requirements; (3) criminal penalties for certain willful misrepresentations; and (4) inapplicability of certain requirements to group health plans maintained under ELWAs. Requires timely issuance by the Secretary of regulations under specified ERISA provisions for MEWAs. Provides for treatment of existing MEWAs as certified during the pendency of the application for certification. Provides for continuation of such treatment until the exhaustion of certain administrative remedies. Provides for termination of such treatment upon State intervention. Sets forth requirements for issuance and approval of a qualified model for State certification procedures. Provides that, if the National Association of Insurance Commissions (NAIC) develops and submits to the Congress such a model within one year after enactment of this Act, then such model will go into effect as approved by the Congress by enactment of a joint resolution. Sets forth requirements for: (1) development of model standards; and (2) terms, discharge, consideration, and rules for such joint resolution.
United States · United States Congress · 9 April 1992
Resolution Trust Corporation Reform Act of 1992 - Title I: Serving the Real Economy - Subtitle A: Evaluation of Economic Impact - Amends the Home Loan Bank Act to require the Oversight Board and the Resolution Trust Corporation (RTC) to include in their semiannual report to the Congress an analysis of: (1) the impact that real property asset disposition by the RTC has had upon local real estate markets in certain metropolitan statistical areas in which it disposes of such property; (2) the efficacy of RTC procedures to ensure compliance with certain requirements to minimize the impact of RTC actions upon local real estate markets; and (3) specified details regarding RTC disposition of real property parcels. Requires the RTC, upon acquiring control of any asset, to: (1) evaluate the costs of holding and managing the property; and (2) take such evaluation into account when determining property disposition. Prohibits the RTC from disposing of any real property unless it has been appraised during the six-month period ending on the date of disposition. Subtitle B: Treatment of Residential Real Property Assets - Extends from 90 to 180 days after RTC notice the period in which qualifying multifamily purchasers may give written notice of serious interest in certain RTC property disposition. Grants the RTC loan guarantee authority for loans made by qualified lenders to finance purchases under the affordable housing program with respect to RTC-held residential properties (including condominium properties). Prescribes loan guarantee limitations. Authorizes appropriations to cover loan guarantee commitment costs. Sets forth maintenance standards for RTC-held residential property. Prohibits the RTC from disaffirming or repudiating any qualified residential lease. Requires the RTC to comply with State and municipal laws regarding residential leases and tenancies. Subtitle C: Increases in National Savings - Amends Federal law regarding the public debt to direct the Secretary of the Treasury (the Secretary) to issue citizen restitution bonds for the purpose of: (1) making restitution to the American taxpayer; (2) increasing national savings; and (3) providing funds to the RTC. Directs the Secretary to establish a marketing program for advertising the citizen restitution bonds and offering them for sale in depository institutions, including credit unions and United States Postal Service facilities. Amends the Internal Revenue Code exclude from gross income up to $1,000 ($2,000 in the case of a joint return) of interest on passbook savings accounts in federally insured depository institutions. Subtitle D: Preservation of Environmentally Sensitive Land - Amends the Federal Home Loan Bank Act to prescribe disposition guidelines for real property assets with natural value of special significance, including their transfer, upon agency request, to any Federal or State agency for conservation purposes. Title II: Accountability to Taxpayers and Consumers - Subtitle A: Bank and Thrift Disclosure Provisions - Bank and Thrift Disclosure Act of 1992 - Requires each appropriate banking agency to disclose to the public the reports of all examinations of each failed depository institution performed during the five-year period preceding its transfer, failure, or receipt of certain Federal depository insurance (or other Federal "bail-out" funds for a failed depository institution). Limits such disclosure requirement to any institution that received such funds while it was critically undercapitalized within the one-year period before its failure. Cites conditions under which public disclosure may be delayed because of threats to safety, soundness, or pending administrative, civil, or criminal investigations. Subjects a holding company of such a failed institution to the same public disclosure requirements, but excludes open institutions and affiliated solvent institutions. Mandates public disclosure of settlement agreements between the Resolution Trust Corporation or the Federal Deposit Insurance Corporation and any other party with respect to certain failed depository institutions. Applies the public disclosure requirements of this Act to specified kinds of failed institutions. Subtitle B: Public Right-to-Know Requirements - Directs the RTC and the Federal Deposit Insurance Corporation (FDIC) to establish and maintain: (1) a comprehensive national information tracking system to monitor data on insured depository institutions in conservatorship or receivership; and (2) standardized information to assess the status of such institutions, including the disposition of their assets. Requires such standardized information to be entered into the tracking system in a manner which allows direct electronic access by appropriate governmental agencies. Sets forth specific content requirements with respect to real estate and contractors. Subtitle C: Tort and Fraud Claims Recovery - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to extend from three years to five years the statute of limitations for tort actions brought by the Federal conservator or receiver of an insured depository institution. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to authorize any person to bring a civil action to assess a civil money penalty for certain criminal violations affecting a federally insured financial institution. Subtitle D: RTC Accountability - Amends Federal law regarding Government corporations to define the RTC as a wholly-owned Government corporation.
United States · United States Congress · 9 April 1992
Prohibits the Secretary of the Army from expending any funds for construction of incinerators in the continental United States for use in the chemical munitions demilitarization program until the Secretary certifies to the Congress that he has: (1) evaluated alternative technologies for the destruction of chemical munitions under the program; and (2) determined that the current chemical munitions disposal process is the safest means available to carry out the program at a reasonable cost.
United States · United States Congress · 9 April 1992
Designates September 16, 1992, as National Occupational Therapy Day.
United States · United States Congress · 9 April 1992
Designates September 1992 as National Spina Bifida Awareness Month.
United States · United States Congress · 9 April 1992
Designates the second Sunday in October 1992 as National Children's Day.
United States · United States Congress · 8 April 1992
Reduces the balance in certain merged ("M") accounts of the Department of Defense that have been determined by the Defense Inspector General to be invalid obligations, in specified amounts for each of the armed forces and the defense agencies. Prohibits any such reductions from being restored, reobligated, uncanceled, or in any other way used by the Department.
United States · United States Congress · 8 April 1992
Designates October 24 through November 1, 1992, as National Red Ribbon Week for a Drug Free America. Recognize the hard work and dedication of those involved in combatting substance abuse.
United States · United States Congress · 8 April 1992
Designates April 26 through May 2, 1992, as National Crime Victims' Rights Week.
United States · United States Congress · 8 April 1992
Designates January 16, 1993, as Religious Freedom Day.
United States · United States Congress · 7 April 1992
Postal Employees Safety and Health Act - Makes various provisions of the Occupational Safety and Health Act of 1970 (OSHA), including civil and criminal penalty provisions, applicable to the U.S. Postal Service. Directs the Postmaster General to issue standards on ergonomic hazards to protect Postal Service employees from work-related musculoskeletal disorders. Requires the Postal Service to: (1) ensure that, in order to protect the hearing impaired from smoke or fire hazards, warning devices are present in all appropriate postal facilities; (2) prescribe regulations which ensure at least the minimum level of safety provided by the then current national consensus standards under OSHA dealing with smoke and fire warning devices for the hearing impaired and which include criteria for identifying which types of postal facilities shall be subject to particular requirements with respect to such warning devices; and (3) report to specified congressional committees. Authorizes a joint labor-management postal safety committee (committee) to enter into contracts with the National Institute of Occupational Safety and Health of the Department of Health and Human Services to identify any ergonomic or other safety or health hazards which might be associated with any major new mechanization, equipment, or technology (change) being, or proposed to be, implemented by the Postal Service. Requires the Postal Service, to the extent practicable, before awarding any contract for the acquisition, installation, or implementation of any such change, to notify the committee of its intentions, so that the committee may review the design plans for such change and submit written comments relating to any safety or health hazards which might result. Expresses the sense of the Congress that the Postal Service should not discharge or in any manner discriminate against an employee for refusing to perform duties if the employee: (1) believes that performing such duties would result in serious injury, where a reasonable person in those circumstances would draw the same conclusion; and (2) has previously sought to have the Postal Service correct the conditions involved.
United States · United States Congress · 3 April 1992
Minor Crop Protection Assistance Act of 1992 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on a commercial agricultural crop or site where: (1) the total U.S. acreage for the crop is less than 300,000 acres; (2) the acreage expected to be treated as a result of that use is less than 300,000 acres annually or the agricultural crop represents production from less than 300,000 acres annually; (3) the use does not provide sufficient economic incentive to support initial or continuing registration; and (4) the Administrator of the Environmental Protection Agency (EPA) has not determined that the use presents an unreasonable adverse environmental effect. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if it is determined that the absence of data will not prevent the Administrator from determining the incremental risk presented by the minor use and that such risk would have an unreasonable adverse environmental effect. Prohibits data that relates solely to a minor use, without the permission of the original data submitter, from being considered by the Administrator to support a minor use application by another person for ten years following the submission of the data. Terminates the exclusive use of such data if the registration is voluntarily cancelled, or if the data are used to support a nonminor use. Provides for expedited review (within six months of submission) of applications to support minor use pesticide registrations. Grants registrants who make good faith requests for minor use waivers regarding required data, and whose requests are denied, a full time period for providing such data. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of data required solely to support a minor use pesticide up to four years if the registrant provides data to support other uses of the pesticide and a schedule to assure that the data production will be completed before the expiration of the extension. Applies the same extension conditions to data for reregistrations. Requires the Administrator to conditionally amend a registration to permit additional minor uses even if data is insufficient if the applicant has submitted satisfactory data pertaining to the proposed minor use and amending such registration would not increase environmental risks. Prohibits amendments if the pesticide meets or exceeds risk criteria associated with human dietary exposure and other specified conditions. Provides for extensions of minor use registration and data submission deadlines in cases where a registrant is not providing data to support a minor use but is providing data in a timely fashion to support other uses. Requires the Administrator, when a minor use registration application is filed no later than two years after another registrant voluntarily cancels registration for a similar use, to evaluate such application as if the voluntary cancellation had not yet taken place for purposes of data use, subject to environmental risk considerations. Directs EPA to assure coordination of minor use issues through the establishment of a minor use program within the Office of Pesticide Programs. Establishes and authorizes funding for a Department of Agriculture matching fund minor use program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals, including the data to support minor use pesticide registrations.
United States · United States Congress · 3 April 1992
Declares that it is the sense of the Congress that access to health care is a fundamental right of every person in the United States.
United States · United States Congress · 2 April 1992
Global Climate Protection Act - Directs the President to promulgate final regulations that will achieve stabilization of carbon dioxide emissions by January 1, 2000. Requires the Administrator of the Environmental Protection Agency to evaluate and report biennially to the Congress on the progress made pursuant to such regulations. Directs the President to promulgate additional regulations to achieve stabilization if the Administrator finds that the regulations will not achieve stabilization. Permits citizen suits against officers of the United States for failures to perform duties in accordance with this Act.
United States · United States Congress · 1 April 1992
National Children's Advocacy Program Act of 1992 - Requires the Director of the Office of Juvenile Justice and Delinquency Prevention, in coordination with the Director of the National Center on Child Abuse and Neglect, to establish a national children's advocacy program of centers to provide information, services, and assistance so that communities can establish multidisciplinary programs that respond to child abuse. Provides for solicitation of proposals from applicants to operate such centers, proposal criteria, management plans, selection of proposals, funding of the centers, and program coordination. Requires regular monitoring and evaluation of each center's activities, annual reports, discontinuation of funding in cases of failure to implement program activities, and solicitation of new proposals upon discontinuation of funding for any center. Requires the two Directors to: (1) establish a children's advocacy advisory board to develop identified goals and program objectives; and (2) review annually the solicitation and selection process and program activities of each center. Directs the Attorney General and the Secretary of Health and Human Services to send to the Congress an annual, detailed review of the progress of such program activities. Authorizes appropriations.
United States · United States Congress · 1 April 1992
Designates the week beginning July 26, 1992, as Lyme Disease Awareness Week.
United States · United States Congress · 1 April 1992
Prohibits a Government motor vehicle or driver from being assigned to a Member of the House because he or she is a political party whip.
United States · United States Congress · 31 March 1992
Designates the week beginning October 25, 1992, as World Population Awareness Week.
United States · United States Congress · 31 March 1992
Designates January 16, 1993, as Religious Freedom Day.
United States · United States Congress · 30 March 1992
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to eliminate the exemption for banks (or similar institutions) or insurance carriers from the requirement for an independent audit of certain financial statements regarding employee benefit plan assets.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-99) (Consortium for International Earth Science Information Network in Saginaw, Michigan) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-95) (National Wood Energy Association for biomass gasification demonstration project) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-91) (Red River Basin chloride control, Oklahoma and Texas) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-87) (study of tax law changes relating to residential ground lease financing, Hawaii Real Estate Commission) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-83) (community recreational facilities, Portage Borough, Portage Township, and Greensburg, Pennsylvania) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-98) (University of Nebraska wetland research projects) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.