United States · United States Congress · 6 October 1992
Amends the National Trails System Act to designate the American Discovery Trail extending from Pt. Reyes, California, to Cape Henlopen State Park, Delaware, and the Ala Kahakai Trail in Hawaii for study for potential addition to the National Trails System.
United States · United States Congress · 6 October 1992
Tax Fairness Restoration and Economic Growth Act - Title I: Tax Reductions - Subtitle A: Capital Gains Provisions - Amends the Internal Revenue Code to exclude capital gain from gross income and exempt capital gain from tax. Makes such exemption applicable to computing the alternative minimum tax. Subtitle B: Restoration of Income Averaging - Sets forth provisions to restore income averaging. Subtitle C: Elimination of Double Tax on Dividends - Allows a shareholder credit (for taxpayers other than corporations) for dividends from domestic corporations. Provides for determining such credit based on the corporation's post-1992 Federal income taxes and post-1992 undistributed earnings. Includes such credit in the determination of gross income. Allows corporations a 100 percent deduction for amounts received as dividends from domestic corporations. Revises computations on dividends received by corporations on the preferred stock of a public utility. Subtitle D: Permanent Extension of Research Credit - Makes permanent law the credit for increasing research activities. Subtitle E: Reduction of Individual Tax Rate - Reduces individual income tax rates by eliminating the highest tax bracket. Subtitle F: Retirement Savings Incentives - Part I Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Part II: Nondeductible Tax-Free IRAs - Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Part III: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (3) financially devastating medical expenses. Subtitle G: Repeal of Excise Penalty Taxes on Autos - Repeals the excise tax on luxury items (passenger vehicles, boats, aircraft, jewelry, and furs). Subtitle H: Repeal of Limitation On Itemized Deductions - Repeals the overall limitation on itemized deductions. Subtitle I: Repeal of Passive Loss Limitations - Repeals passive loss limitations. Subtitle J: Restoration of 10-Percent Investment Credit - Restores the ten percent investment tax credit for property placed in service after enactment of this Act. Subtitle K: Restoration of Accelerated Cost Recovery System - Restores the accelerated cost recovery system as in effect on the day after the enactment of the Economic Recovery Tax Act of 1981. Subtitle L: Credit for First-Time Homebuyer - Allows a credit for a first-time homebuyer of ten percent of the price of the principal residence. Limits such credit to $2,500. Requires the residence to be acquired on or after February 1, 1992, and before January 1, 1993. Title II: Taxpayer Bill of Rights - Subtitle A: Additional Safeguards to Protect Taxpayers' Rights - Part I: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary of the Treasury to take certain actions (currently, only to cease or refrain from taking such actions). Part II: Modifications to Installment Agreement Provisions - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Part III: Interest - Extends from ten days to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Waives interest on all overpayments refunded within 45 days after a return is filed. Part IV: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitations on filing a joint return after filing separate returns. Part V: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Part VI: Erroneous and Fraudulent Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to take reasonable steps to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Part VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner, or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Part VIII: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Provides for the awarding of reasonable litigation or administrative costs to a prevailing party who represents himself in an administrative or court proceeding. Makes IRS employees personally liable in certain cases. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Part IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Provides protection for taxpayers who rely on certain guidance published by the IRS. Subtitle B: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers of any payments that cannot be associated with any outstanding tax liability. Subtitle C: Additional Improvements - Requires the Secretary to report to the tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions); (2) a study on ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with IRS laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.
United States · United States Congress · 25 September 1992
Expresses the sense of the Congress that if Saudi Arabia acquires F-15 aircraft from the United States it should demonstrate its peaceful intentions by lifting its economic boycott against Israel and against U.S. companies that trade with Israel.
United States · United States Congress · 23 September 1992
National Park System Reformation Act - Title I: Development of a Comprehensive Plan for the Future of the National Park System - Establishes the National Park System Strategic Planning Commission to develop a long-term plan for the direction of the National Park System (System). Requires the plan to guide the System for the next ten to 20 years and to address criteria for determining inclusion or exclusion of a site within the System. Authorizes appropriations. Requires the Secretary of the Interior to terminate National Park Service management at all park areas as recommended by the Commission. Applies the National Environmental Policy Act of 1969 to all actions of the Secretary during the termination process. Directs the Administrator of General Services to delegate to the Secretary, with respect to excess and surplus real property and facilities located at such park areas, the authority to: (1) dispose of surplus property; and (2) grant certain approvals under the Surplus Property Act of 1944. Directs the Secretary, as part of each annual budget request, to transmit to the appropriate congressional committees a schedule of actions to be carried out under this title and an estimate of the total expenditures required and cost savings to be achieved by each closure, along with environmental assessments of such actions. Prohibits the Secretary from establishing new units of the System until the Commission transmits a report to the Congress. Title II: New Area Establishment - Directs the Secretary to submit reports of new area studies to the appropriate congressional committees for purposes of determining the suitability of adding such areas to the System. Designates the following areas for study as potential units: (1) Apollo XI Launch Tower, Florida; (2) Kennecott/McCarthy, Alaska; (3) New Jersey Delaware Bay Wetlands, New Jersey; (4) Nicodemas, Kansas; (5) Oak Hill, Virginia; (6) Susan B. Anthony House, New York; and (7) Virginia City, Montana. Requires the National Park Service to maintain a list of units in order of their numerical priority for potential addition to the System. Repeals provisions of existing law concerning inclusion of additional areas to the System. Authorizes appropriations. Title III: Enhanced National Park Service Technical Assistance Program for Protection and Management of Natural, Cultural, and Recreation Sites - Establishes the American Heritage System to better protect natural, cultural, and recreational resources which do not belong in the System. Provides for administration of such sites by State and local governments and private entities with Federal technical assistance. Requires the National Park Service to establish a grant program to conduct studies for potential designations of American Heritage sites. Provides for Federal technical and financial assistance for designated sites for periods of up to ten years.
United States · United States Congress · 15 September 1992
Minor Boundary Adjustments and Miscellaneous Park Amendments Act of 1992 - Title I: Increases for Land Acquisition for Certain Units of the National Park System - Increases the authorization of appropriations for land acquisition in the Channel Islands National Park, California. Amends the National Parks and Recreation Act of 1978 to remove the ceiling on appropriations for land acquisition in the Santa Monica Mountains National Recreation Area, California. Requires the Secretary of the Interior (Secretary) to submit to the Congress a detailed acquisition-priority list and cost estimates for completion of acquisitions within such recreation area in accordance with the land protection plan or revisions thereof. Amends the Volunteers in the Parks Act of 1969 to increase the ceiling on appropriations for volunteers in parks programs. Title II: Clarification of Authority to Cooperate with Non-Federal Entities in the Conduct of Research Concerning Units of the National Park System - Authorizes the Secretary to: (1) enter into cooperative agreements with public or private educational institutions, States and their political subdivisions, or private conservation organizations to develop adequate, coordinated, cooperative research and training programs concerning the resources of the National Park System; and (2) accept from, and make available to, the cooperator technical and support staff, financial assistance for mutually agreed upon research projects, supplies, equipment, facilities, and administrative services relating to cooperative research units. Title III: Museum Properties in the National Park System - Revises functions of the Secretary to prohibit the use of donations and bequests of money for purchasing museum objects, museum collections, and other personal properties with regard to managing museum properties in the National Park System. Authorizes the Secretary to: (1) transfer museum objects, museum collections, and other personal property that is no longer needed for museum purposes to qualified Federal agencies that have programs to preserve and interpret cultural or natural heritage and accept the transfer of personal property from any other Federal agency; (2) convey, without monetary consideration but subject to such terms and conditions as the Secretary deems necessary, museum objects, museum collections, and other personal property that is no longer needed for museum purposes to private nonprofit institutions and to non-Federal governmental entities if the Secretary determines that the recipient is dedicated to the preservation and interpretation of natural or cultural heritage and is qualified to manage the property prior to such conveyance; (3) sell by negotiated sale or to the highest bidder those museum objects, museum collections, and other personal property that are no longer needed for museum purposes, no longer have scientific value, and can not reasonably be disposed of by exchange, loan, gift, or transfer, subject to such terms and conditions as the Secretary deems necessary to protect the public interest; and (4) destroy or cause to be destroyed museum objects, museum collections, and other personal property that have no scientific, cultural, historic, educational, esthetic, or monetary value. Requires the Secretary to: (1) ensure that museum property is treated in a careful and deliberate manner that protects the public interest; and (2) establish a systematic review and approval process, including consultation with appropriate experts, that meets the highest standards of the museum profession. Makes the authorities in this Act available to the Secretary with regard to museum objects, museum collection, and other personal property that was under the Secretary's administrative jurisdiction for purposes of the National Park System before the date of enactment of this Act as well as those properties that may be acquired on or after such date. Title IV: Minor Boundary Adjustments - Authorizes the Secretary to transfer specified land located in the Shenandoah National Park to the Secretary of the Treasury for use as a U.S. Customs Service Canine Enforcement Training Center and for other uses deemed appropriate. Provides that: (1) an agreement to transfer such land shall include provisions for the protection of the National Park; (2) the transfer may be made without consideration or reimbursement; and (3) if the transferred land becomes surplus to the needs of the Secretary of the Treasury at any time, title to the land shall revert to the Department of the Interior. Makes the Secretary of the Treasury responsible for certifying that the property is not contaminated with hazardous substances before reversion is completed. Authorizes the Secretary to acquire, through an exchange, certain land in Washington County, Utah, and to revise the boundary of Zion National Park to add the parcel acquired and to exclude the parcel exchanged. Adjusts the boundaries of the following units in the National Park System to include additional land: (1) Pictured Rocks National Lakeshore; (2) Wupatki National Monument, Arizona; and (3) Yucca House National Monument. Modifies: (1) the boundary of the Craters of the Moon National Monument, Idaho, to add and delete specified lands; and (2) the administrative boundary between Independence National Historical Park and the U.S. Customs House along the Moravian Street Walkway in Philadelphia, Pennsylvania. Amends the Arizona-Idaho Conservation Act of 1988 to authorize the Secretary to acquire from willing sellers only, by donation, purchase with donated or appropriated funds, or exchange a maximum of 65 acres outside the Hagerman Fossil Beds National Monument to develop and operate thereon research, information, interpretive, and administrative facilities. Modifies the boundary of the monument to include the added lands as a non-contiguous parcel. Title V: Miscellaneous Specific Park Amendments - Amends the National Parks and Recreation Act of 1978 to extend the Na Hoa Pili O Kaloko-Honokohau (The Friends of Kolako-Honokohau) Advisory Commission through November 10, 1998. Extends the Women's Rights National Historical Park Advisory Commission through December 28, 2005. Repeals provisions of Federal law that: (1) reserve portions of the Fort Pulaski National Monument on Cockspur Island, Georgia, for the Corps of Engineers, U.S. Army, to deposit dredging materials and for other purposes and for the Treasury Department to use as a quarantine station; and (2) state that nothing in an Act authorizing the Secretary to preserve certain wetlands and historic sites in the St. Johns River Valley, Florida, shall affect the multiunit residential resort project proposed for Fort George Island or be construed to affect any Federal, State, or local law applicable to such project. Title VI: General Authorizations and Repealers - Repeals the $3,000 ceiling on expenditures that may be made for building construction in any national park without express authority from Congress. Amends the National Historic Preservation Act to include within the definition of "State": (1) the Federal States of Micronesia; (2) the Republic of the Marshall Islands; and (3) the Republic of Palau. Authorizes appropriations for transportation of children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service. Declares that nothing in an Act relating to protection of wild-free roaming horses and burros shall be deemed to limit the authority of the Secretary of the Interior in managing units of the National Park System. Authorizes the Secretary, without regard to provisions of such Act or penalties under Federal law, to use motor vehicles, fixed-wing aircraft and helicopters, or contract for such use, to transport such captured animals in furtherance of the management of the National Park System. Directs the Secretary to study and report to specified congressional committees on the suitability and feasibility of establishing the Mission San Antonio de Padua in California and its surrounding historic and prehistoric archeological sites as a unit of the National Park System. Authorizes appropriations. Directs the Secretary to prepare and transmit to the Congress a National Historic Landmark Theme Study on the History of Water Conservation and Watershed Management to identify the key sites and structures that illustrate the development and management of water resources critical to the westward expansion of the Nation. Requires the Secretary to: (1) identify, evaluate, and nominate as national historic landmarks those unique and significant contributions to our national heritage of cultural and historical lands, waterways, structures, and landscapes; (2) identify possible new park units appropriate to the theme of the history of water development; and (3) analyze the feasibility and suitability of including these sites in the National Park System (including a detailed study of the Cache la Poudre River Basin).
United States · United States Congress · 12 August 1992
Requires the Secretary of the Interior (Secretary) to transfer specified lands to the District of Columbia in exchange for certain District lands to be administered as part of the National Park System (System). Requires the Secretary to transmit to the District a final environmental impact statement and all appropriate supporting documentation concerning the use of lands transferred to the District. Prohibits advertising, commercial notices, and similar commercial activities in the System except where the Director of the National Park System finds that the advertising or commercial notice: (1) is desirable and necessary for the convenience and guidance of park visitors; (2) is for a product, service, or facility available within such park area; or (3) is contained in a publication primarily to familiarize visitors with a park program, activity, or resource, and any such advertising or commercial notice is for a locally available product, service, or facility. Declares that nothing contained in this Act is intended to curtail the display, sale, or distribution of newspapers, magazines, theater programs, and similar printed material under the terms of a properly executed concessions permit, contract, or a cooperating association memorandum of agreement. Authorizes appropriate and limited public acknowledgment of a donor or sponsor's contribution to a specific program, activity, or event in a National Park area on a case-by-case basis to such individual only if the program, activity, or event furthers the purpose of the park area and the recognition is determined to be appropriate. Prohibits the advertising, commercial notice, or acknowledgment from: (1) including specific information about the suitability or quality of a particular product, service, or facility; or (2) stating or implying National Park Service endorsement of a product, service, or facility. Permits organized activities or special events in a National Park area if there is a meaningful association between such area and the activity or event. Prohibits the organized activity or special event from: (1) harming the area's resources or values; (2) posing a risk of damage to any property or illness or injury to any person; (3) unduly interfering with normal park operations or visitor use; or (4) resulting in significant conflict with other uses.
United States · United States Congress · 12 August 1992
Women in the Armed Forces Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) mint and issue coins to commemorate the women who have served in the armed forces of the United States; and (2) transfer the surcharges received from coin sales to the Women in Military Service for America Memorial Foundation and endow and dedicate the Women in the Armed Forces Memorial.
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.
United States · United States Congress · 10 August 1992
Congratulates the citizens of Israel on concluding fair and open democratic elections. Welcomes Prime Minister Rabin to the United States. Applauds his statements and actions encouraging active participation in the search for peace. Calls upon all parties in the region to actively and seriously engage in the peace process.
United States · United States Congress · 4 August 1992
Commends: (1) the many heroic individuals who acted at great risk to save Jews from death during the Holocaust; and (2) the Jewish Foundation for Christian Rescuers for its work in recognizing, honoring, and encouraging the people of the world to show the altruism and moral courage of such heroic individuals.
United States · United States Congress · 4 August 1992
Condemns the killing and destruction by the political factions in Somalia. Urges such factions to abide by the United Nations (UN) ceasefire and to allow the deployment of security forces to protect humanitarian relief deliveries and workers. Commends the efforts of UN Secretary-General Boutrous Ghali and his Special Envoy to Somalia, Ambassador Sahnoun. Pays tribute to the actions of relief agencies working in Somalia. Recognizes the July 27, 1992, statement of the President urging the UN to deploy a sufficient number of security forces to permit relief supplies to move into and within Somalia, and committing funds for such an effort. Calls upon: (1) the international community to immediately expand its relief efforts in Somalia; and (2) the President to work with the UN Security Council to deploy security forces immediately to assure that humanitarian relief gets to those most in need.
United States · United States Congress · 31 July 1992
Repeals specified portions of the Unemployment Compensation Amendments of 1992 (Public Law 102-318) which: (1) provide for optional trustee-to-trustee transfers of eligible rollover distributions; and (2) impose a withholding tax on distributions not so transferred. Requires the Internal Revenue Code to be applied and administered as if such provisions (and the amendments made by such provisions) had not been enacted.
United States · United States Congress · 31 July 1992
Criminal Alien Deportation and Exclusion Amendments of 1992 - Amends the Immigration and Nationality Act to provide for the expedited deportation (and subsequent exclusion) of convicted aliens.
United States · United States Congress · 28 July 1992
Health Freedom Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to define "dietary supplement" as an article that: (1) includes, and is intended to supplement the diet with, a vitamin, mineral, herb, or another similar nutritional substance; or (2) is intended for ingestion in tablet, capsule, or liquid form, or another similar form. Provides that a dietary supplement shall not be considered to be a drug solely because: (1) of the potency of a substance in such supplement; and (2) the labeling or advertising for the supplement contains a claim, or provides information, concerning the potency of a substance in the supplement, or contains a health claim of the type permitted under this Act. Specifies that: (1) a substance in a dietary supplement is not a food additive if the substance is identified in the labeling of the dietary supplement as a substance provided by the product to supplement the diet; and (2) an article that is a dietary supplement may be described as a dietary supplement in labeling or advertising. Permits labeling or advertising for such a supplement to include a claim or other information that characterizes the relationship of the supplement, or the presence or absence of one or more of the substances provided by the supplement, to a disease or health-related condition, if: (1) such claim or other information is truthful and not misleading; and (2) there is scientific evidence, whether published or unpublished, that provides a reasonable basis for such claim or other information. Prohibits the Secretary of Health and Human Services from establishing any requirement that such a claim or other information that meets the requirements of this Act be approved by or conform to a regulation issued by the Secretary before the claim or information may be used. Provides that, if the Secretary asserts that labeling or advertising for a dietary supplement includes a claim or other information that fails to comply with the Act, the manufacturer (or other specified parties) may bring an action to secure a declaratory judgment regarding the validity of the assertion and obtain any other means of judicial relief authorized by law.
United States · United States Congress · 23 July 1992
Marine Mammal Capture, Export, and Public Display Protection Act of 1992 - Amends the Animal Welfare Act (AWA) to require, instead of the penalty applicable under the AWA for a violation regarding a marine mammal, that a person be liable for a civil or criminal penalty under specified provisions of the Marine Mammal Protection Act of 1972 (MMPA). Mandates review and, if appropriate, modifications to AWA standards regarding the care and habitat of marine mammals in captivity. Amends the MMPA to direct the Secretaries of Commerce and Agriculture to jointly establish a system for tracking marine mammals that are taken in waters under U.S. jurisdiction or imported into the United States. Makes it unlawful, notwithstanding any other provision of law or permit under the MMPA, to take any marine mammal before establishment of the system. Makes it unlawful to export a marine mammal from the United States without a permit under this Act. Requires that regulations be issued under the MMPA for exporting as well as for taking and importing marine mammals. Authorizes issuance of export permits under the same requirements as taking and importing permits. Allows issuance of an export permit only: (1) to maintain or improve the health and well-being of the mammal; and (2) if the permit prohibits use of the mammal for any other purpose. Limits the effective period of permits for scientific research to a specified number of years. Regulates the release of such research mammals. Requires the permanent marking of any such mammal.
United States · United States Congress · 9 July 1992
Small Business Regulatory Cost Relief Act of 1992 - Amends the Internal Revenue Code to replace the small business tax credit for expenditures to provide access to disabled individuals with the small business tax credit for regulatory costs. Makes such credit 50 percent of qualified regulatory costs for a taxable year as exceed $250. Declares that such costs include eligible access expenditures for the disabled.
United States · United States Congress · 8 July 1992
Congratulates Fidel Ramos on his election to the Presidency of the Philippines. Commends the people of the Philippines for institutionalizing democratic government in their country by supporting peaceful and constitutional elections. Urges the President of the United States to support continued economic and political reform by the new Philippine Government.
United States · United States Congress · 7 July 1992
Expresses the sense of the Congress that: (1) the United States should support the process of nonviolent democratic reform in, and increase its support for Voice of America programming to, Vietnam; (2) the Secretary of State should declare U.S. support for the democratization of Vietnam and reaffirm that progress on the POW/MIA issue is critical to normalizing economic and diplomatic relations with the United States; and (3) the Administration should take the lead in mobilizing the United Nations, ASEAN, human rights organizations, and various other interested groups to work toward helping Vietnam reach free and democratic elections.
United States · United States Congress · 2 July 1992
Makes additional appropriations to the Secretary of Health and Human Services for peer review activities and activities to reduce waste and fraud under the Medicare program under title XVIII of the Social Security Act.
United States · United States Congress · 18 June 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within seven years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 17 June 1992
Calls upon the President to urge the United Nations Security Council to direct the Secretary General of the United Nations to provide a plan and budget for intervention as may be necessary to enforce the Security Council resolutions seeking cessation of hostilities in the former republics of Yugoslavia.
United States · United States Congress · 16 June 1992
Designates August 1, 1992, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process.
United States · United States Congress · 11 June 1992
Foreign Aid Impact Assessment Act - Requires the President to submit to the Congress, by December 31, 1993, and December 31 of each third year thereafter, a report analyzing the impact and effectiveness of U.S. economic assistance provided during the preceding three fiscal years. Directs that such report include for each recipient country: (1) an analysis of the impact of such assistance on the country's economic development, including a description of the specific objectives sought and the extent to which they were not achieved and why; (2) a description of the amount and nature of the assistance provided by other donors during that period; (3) a discussion of the commitment of the host government to addressing the country's needs in each development sector; (4) a description of the trends in each sector; (5) statistical and other information necessary to the evaluation; and (6) a comparison of the analysis provided in the report with relevant analyses by international or nongovernmental organizations or donor countries. Requires that each report: (1) be submitted to the Congress as a separate document; and (2) identify those countries in which economic assistance has been most and least successful, explain why the assistance was not more successful, and specify what the United States has done as a result.
United States · United States Congress · 10 June 1992
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for 1993. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
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 · 5 June 1992
National Cancer Institute Amendments of 1992 - Amends the Public Health Service Act to require expansion, intensification, and coordination of research conducted or supported by the National Cancer Institute on: (1) breast cancer, ovarian cancer, and other cancers of the reproductive system of women, including operating at least six research and demonstration centers on breast cancer; and (2) prostate cancer, including operating at least six research and demonstration centers on prostate cancer. Authorizes appropriations to carry out provisions relating to the Institute, including the provisions enacted by this Act. Removes provisions authorizing appropriations for the National Heart, Lung, and Blood Institute. Mandates a study to determine the factors contributing to the elevated breast cancer rates in Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and the District of Columbia. Authorizes appropriations.
United States · United States Congress · 4 June 1992
Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba. Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act. Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) a prohibition on agreements with the United States for the establishment of free trade areas; and (3) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy. Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba. Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Bars domestic concerns from receiving a tax deduction for the portion of the deductible expenses of such concerns which are allocated or apportioned to income derived from Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency. Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country. Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) take steps to end the U.S. trade embargo of Cuba; and (4) enter into negotiations for a trade agreement with Cuba. Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
United States · United States Congress · 28 May 1992
Animal Medicinal Drug Use Clarification Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose, provided the use does not result in residues in food in violation of established safe levels for the drug; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 21 May 1992
Withdraws most favored nation status from the Federal Republic of Yugoslavia. Authorizes the President to restore such status after he certifies to the Congress that: (1) such treatment would promote compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe; and (2) Yugoslavia has ceased its armed conflict with the other ethnic peoples of the region, and has agreed to respect the borders of the six republics, that formerly comprised the Socialist Federal Republic of Yugoslavia.
United States · United States Congress · 21 May 1992
Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.
United States · United States Congress · 21 May 1992
Designates February 21 through 27, 1993, as American Wine Appreciation Week. Commends the winegrape and fruit growers and vintners of the United States for the production of high quality agricultural products.
United States · United States Congress · 20 May 1992
National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a national assessment of: (1) the nature and extent of crimes against the elderly; (2) the needs of law enforcement, health, and social service organziations, in working to prevent, identify, investigate, and provide assistance to victims of such crimes; and (3) promising strategies to respond effectively to those challenges. Specifies that such assessment shall address: (1) the analysis and synthesis of data from a range of sources; (2) the problems of elderly who are living alone or in high crime areas and who are abused and neglected, and the fear of victimization; (3) the identification of strategies and techniques tht have been shown to be effective or which show promise; (4) the analysis of the factors that enhance or inhibit development of a coordinated response by law enforcement, health care, and social service providers; and (5) the research agenda needed to develop a comprehensive understanding of the problems of crimes against the elderly. Requires the Director to disseminate the results of such assessment. Authorizes the Director to make awards to coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of promising strategies and models for forging partnerships for crime prevention and service provision. Specifies that pilot programs funded under this Act may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community or to target a particular geographic area in need of intensive services. Authorizes the Director to make awards to: (1) coalitions of national law enforcement, victim service, and elder advocate organizations for training and technical assistance in implementing pilot programs; (2) research organizations to investigate the types of elder victimization shown by the assessment to present particularly critical problems or to be emerging crimes about which little is known, to evaluate the effectiveness of selected pilot programs, and to conduct research and development identified as being critical; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against the elderly. Authorizes appropriations.
![Official portrait of Rep. Lagomarsino, Robert J. [R-CA-19]](https://www.congress.gov/img/member/l000020_200.jpg)