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.
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
Prohibits U.S. assistance to Serbia and Montenegro or any successor entity and requires the President to block all assets of the former Yugoslavian Government until he certifies to the Congress that: (1) Serbia and Montenegro have withdrawn their forces from Croatia and Bosnia-Hercegovina; and (2) the government of Serbia and Montenegro or any successor entity is democratically-elected and recognizes the territorial integrity of neighboring states and the political rights of Kosovo. Urges President Bush to withdraw U.S. recognition of Yugoslavia and to refuse to recognize Serbian and Montenegrin claims as a successor state. Supports withholding formal recognition of Serbia and Montenegro until all Serbian military, paramilitary, and irregular units are withdrawn from Bosnia-Hercegovina, Slovenia, and Croatia and until Serbia and Montenegro respect the territorial integrity of neighboring nations. Calls upon the administration to impose an "air cap" to provide protection to Bosnia-Hercegovina and Croatia, as is being afforded to the Kurds in Iraq. Supports the immediate provision of humanitarian and refugee assistance for the victims of war in Bosnia-Hercegovina and Croatia. Urges President Bush to call for a special meeting of the United Nations Security Council to adopt a resolution calling on member countries to: (1) suspend aid to Serbia and Montenegro; (2) block Serbian assets; (3) participate in an international trade embargo of Yugoslavia; (4) withdraw recognition of the Yugoslavian Government; and (5) terminate Yugoslavia's membership in international and multilateral organizations.
United States · United States Congress · 6 May 1992
Urges the United States to: (1) hold the Government of Serbia accountable for the attacks on and occupation of the Republics of Bosnia-Hercegovina and Croatia, and for human rights abuses in Kosovo; (2) withhold diplomatic recognition of Serbia and Montenegro until Serbia ceases its aggression against such republics and halts the brutal repression of the Albanian people in Kosovo and the denial of the right to self-determination; and (3) actively encourage its allies to follow the same course.
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 · 29 April 1992
Prisoner-of-War Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of one-dollar coins emblematic of the experience of American prisoners of war. Requires that all sales of such coins include a surcharge of $5 per coin. Requires specified proceeds from such surcharges to be paid to the: (1) Secretary of the Interior for construction of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia; (2) endowment fund established by this Act for the maintenance of such Museum; and (3) Secretary of Veterans Affairs to maintain national cemeteries.
United States · United States Congress · 9 April 1992
Expresses the sense of the Congress that: (1) an appropriate commemoration of the 50th anniversary of the Mariana Islands campaign of World War II should be planned; and (2) the Secretary of the Interior should take steps to ensure by June 15, 1994, the completion of a visitor center at the War in the Pacific National Historical Park, Guam (Park), and one at the American Memorial Park, Saipan, for the interpretation of the campaign. Authorizes the Secretary to refurbish and take steps to preserve the Japanese two-person midget submarine, as well as the various World War II vintage weapons and fortifications which exist within the boundaries of the Park. Directs the Secretary to: (1) conduct an appraisal of all privately held property located within the boundaries of the Park that had not been appraised during the 12-month period preceding the date of enactment of this Act; and (2) establish at such Park a War in the Pacific National Historical Park Management Intern Program to provide Guam residents with the skills needed to manage territorial parks. Sets forth provisions regarding: (1) Program participants; and (2) allocation of funds. Increases the authorization of appropriations for both such parks.
United States · United States Congress · 9 April 1992
Amends the Export Administration Act of 1979 to repeal restrictions on the export of Alaskan North Slope oil. Provides that exports of such oil shall not be subject to restrictions contained in other specified Acts.
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 · 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
Expresses the sense of the House of Representatives that secondary schools should implement a financial planning program using proven techniques of the College for Financial Planning in partnership with the Department of Agriculture Extension Service and participating Land-Grant University Cooperative Extension Services.
United States · United States Congress · 8 April 1992
Expresses the sense of the Congress that the President should extend for one year the 90-day moratorium on new unnecessary Federal regulations ordered in the President's Memorandum on Reducing the Burden of Government Regulations, dated January 28, 1992.
United States · United States Congress · 8 April 1992
Condemns the extraconstitutional and anti-democratic actions of President Fujimori in Peru. Commends President Bush for his condemnation of such actions and suspension of U.S. assistance. Calls on: (1) President Fujimori to immediately restore the democratically-elected Congress, the judiciary, civil liberties, and a free and independent news media, to release political detainees, and to ensure respect for human rights; (2) the President to continue the suspension of U.S. assistance and seek to delay approval of any international loans for Peru until civilian democratic government is restored and to consider further actions to encourage such restoration; and (3) the Organization of American States to adopt measures that will help restore democracy in Peru.
United States · United States Congress · 7 April 1992
Condemns the conduct since November 1991 of General Mohamed Farah Aideed, Interim President Ali Mahdi Mohamed, and other warring parties in Somalia (the parties) which has resulted in the destruction of Mogadishu and has placed the entire civilian population of the city at risk. Calls upon the parties to: (1) curb the violence and destruction by immediately suspending artillery shelling; (2) guarantee protection of relief commodities; and (3) participate in good faith in United Nations (UN) sponsored efforts to achieve a ceasefire and political reconciliation in Somalia. Commends: (1) the U.S. Office of Foreign Disaster Assistance for its efforts to provide food and humanitarian relief to Somalia; and (2) UN Secretary General Boutros Ghali for his attention to Somalia and for promoting the adoption of resolutions on Somalia in the UN Security Council. Calls upon the U.S. representative to the UN to urge the UN to: (1) appoint a special UN envoy to Somalia; (2) take steps to assure the safety of UN and other relief personnel and to coordinate relief efforts and facilitate negotiations; and (3) allow the provisions of extensive food and humanitarian relief even in the absence of a ceasefire. Requests that the Secretary of State convey to the parties the U.S. condemnation of the practices employed by all parties which have contributed to the tragedy in Somalia.
United States · United States Congress · 7 April 1992
Commends the people of Albania for the successful democratic election that was held on March 22, 1992. Urges: (1) the newly-elected Albanian Government to accelerate market reforms and complete the establishment of democratic institutions; (2) the President to take steps to increase trade opportunities between the United States and Albania; and (3) increased humanitarian assistance to Albania.
United States · United States Congress · 3 April 1992
Minor Crop Protection Assistance Act of 1992 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on a commercial agricultural crop or site where: (1) the total U.S. acreage for the crop is less than 300,000 acres; (2) the acreage expected to be treated as a result of that use is less than 300,000 acres annually or the agricultural crop represents production from less than 300,000 acres annually; (3) the use does not provide sufficient economic incentive to support initial or continuing registration; and (4) the Administrator of the Environmental Protection Agency (EPA) has not determined that the use presents an unreasonable adverse environmental effect. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if it is determined that the absence of data will not prevent the Administrator from determining the incremental risk presented by the minor use and that such risk would have an unreasonable adverse environmental effect. Prohibits data that relates solely to a minor use, without the permission of the original data submitter, from being considered by the Administrator to support a minor use application by another person for ten years following the submission of the data. Terminates the exclusive use of such data if the registration is voluntarily cancelled, or if the data are used to support a nonminor use. Provides for expedited review (within six months of submission) of applications to support minor use pesticide registrations. Grants registrants who make good faith requests for minor use waivers regarding required data, and whose requests are denied, a full time period for providing such data. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of data required solely to support a minor use pesticide up to four years if the registrant provides data to support other uses of the pesticide and a schedule to assure that the data production will be completed before the expiration of the extension. Applies the same extension conditions to data for reregistrations. Requires the Administrator to conditionally amend a registration to permit additional minor uses even if data is insufficient if the applicant has submitted satisfactory data pertaining to the proposed minor use and amending such registration would not increase environmental risks. Prohibits amendments if the pesticide meets or exceeds risk criteria associated with human dietary exposure and other specified conditions. Provides for extensions of minor use registration and data submission deadlines in cases where a registrant is not providing data to support a minor use but is providing data in a timely fashion to support other uses. Requires the Administrator, when a minor use registration application is filed no later than two years after another registrant voluntarily cancels registration for a similar use, to evaluate such application as if the voluntary cancellation had not yet taken place for purposes of data use, subject to environmental risk considerations. Directs EPA to assure coordination of minor use issues through the establishment of a minor use program within the Office of Pesticide Programs. Establishes and authorizes funding for a Department of Agriculture matching fund minor use program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals, including the data to support minor use pesticide registrations.
United States · United States Congress · 2 April 1992
Democracy in Haiti Act of 1992 - Expresses support for the restoration of the democratically elected government in Haiti. Outlines specific actions in furtherance of such goal, including actions to: (1) call upon all governments to abide by the Organization of American States (OAS)-supported embargo of Haiti; (2) support the Protocol between President Aristide and the Parliamentary Negotiating Committee to Find a Permanent Solution to the Haitian Crisis; (3) call upon the Haitian armed forces, parliament, and de facto government to restore individual rights; (4) call upon the armed forces to submit to civilian control and all parties to renounce violence as a means of achieving political goals; (5) support a civilian OAS-DEMOC mission (a mission to restore democracy and human rights); and (6) call upon the OAS to consider additional measures if progress toward restoration of the democratically elected government is not promptly achieved. Authorizes the Secretary of State to make contributions to the OAS-DEMOC mission in Haiti. Declares that the President should use a specified amount of economic support assistance for a contribution to the mission. Authorizes appropriations. Imposes the following sanctions against Haitian nationals who provided support for the coup d'etat overthrowing President Aristide, or for terrorist acts against the Haitian people after the coup: (1) ineligibility to receive visas and exclusion from admission into the United States; and (2) blocking of assets. Continues such sanctions until the President certifies to the Congress that a democratically elected government has been restored in Haiti consistent with the Haitian Constitution.
United States · United States Congress · 1 April 1992
Provides that a veteran who is a former prisoner of war detained or interned for at least 90 days shall be deemed to have a service-connected disability rated at no less than 50 percent for purposes of eligibility for veterans' benefits.
United States · United States Congress · 1 April 1992
Expresses the sense of the Congress that: (1) Iraq must not be allowed to ignore with impunity the decisions of the United Nations (UN) Security Council expressed in resolutions pertaining to the Gulf War ceasefire and the requests of the UN Special Commission on Iraq and the International Atomic Energy Agency pertaining to such resolutions; and (2) the United States and its allies should take all necessary actions, including the selective use of military strikes, to demonstrate that further Iraqi evasions of the ceasefire will not be tolerated.
United States · United States Congress · 31 March 1992
Housing Improvement Act for Land Management Agencies - Authorizes the Secretaries of Agriculture and of the Interior (Secretaries) to make available employee rental or leasing housing on or off lands under each Secretary's jurisdiction. Authorizes joint public-private competitive leases for construction of field employee quarters. Allows for: (1) Federal contributions; (2) occupancy guarantees; (3) joint development authority by the Secretaries; and (4) contracts for field employee quarters management. Authorizes the sale of field employee quarters, or the lease of land for such quarters, to agency employees or to a cooperative made up exclusively of such employees. Authorizes the leasing of seasonal employee quarters where the need is temporary and leasing is more cost effective than construction. Allows nongovernmental leasing when not required for agency use. Requires each of the Secretaries to: (1) survey and prioritize for repair existing employee housing for land management agencies under their respective jurisdictions; and (2) submit such survey to the appropriate congressional committees. Requires housing funds to follow such priority survey. Requires rental income to be deposited in an agency special fund. Authorizes cooperative agreements with Federal, State or local, Indian, or private entities to provide utility and other infrastructure facilities necessary to field employee housing. Authorizes appropriations.
United States · United States Congress · 31 March 1992
Housing Improvement Act for Land Management Agencies - Authorizes the Secretaries of Agriculture and of the Interior (Secretaries) to make available employee rental or leasing housing on or off lands under each Secretary's jurisdiction. Authorizes joint public-private competitive leases for construction of field employee quarters. Allows for: (1) Federal contributions; (2) occupancy guarantees; (3) joint development authority by the Secretaries; and (4) contracts for field employee quarters management. Authorizes the sale of field employee quarters, or the lease of land for such quarters, to agency employees or to a cooperative made up exclusively of such employees. Authorizes the leasing of seasonal employee quarters where the need is temporary and leasing is more cost effective than construction. Allows nongovernmental leasing when not required for agency use. Amends the Internal Revenue Code, with regard to the rollover of gain on the sale of a principal residence, to suspend (for up to six years) the two-year residential repurchase period for Department of the Interior or the Forest Service field employees. Requires each of the Secretaries to: (1) survey and prioritize for repair existing employee housing for land management agencies under their respective jurisdictions; and (2) submit such survey to the appropriate congressional committees. Requires housing funds to follow such priority survey. Requires rental income to be deposited in an agency special fund. Authorizes cooperative agreements with Federal, State or local, Indian, or private entities to provide utility and other infrastructure facilities necessary to field employee housing. Authorizes appropriations.
United States · United States Congress · 26 March 1992
Title I: Recreation Admission Fees and Use Fees - America the Beautiful Passport Act of 1991 - Amends the Water Conservation Fund Act of 1965 to repeal provisions mandating charges for entrance or admission fees only at designated units of the National Park System or National Recreation Areas administered by the Departments of the Interior or of Agriculture (Departments). Authorizes the Secretaries of such Departments (Secretaries) to charge admission fees at any land and water area which they administer and designate for such charges. Limits the Secretary of Agriculture's authority to charge admission fees to national recreation areas, national monuments, national volcanic monuments, national scenic areas, and developed recreation complexes within the National Forest System. Replaces an annual admission permit known as the Golden Eagle Passport with an America the Beautiful Passport for admission into any such designated area. Makes such passport valid for the 12-month period beginning in the month of sale (currently, only for the calendar year for which the fee is paid). Requires the Secretaries to set a $30 fee for such permit in lieu of the maximum $25 fee. Authorizes them to change the fee under specified conditions. Releases the holder of a permit under this Act from additional fees charged for specified Federal recreation areas, except for overnight camping fees or the use of group facilities. (Currently, a permit does not authorize uses for which additional fees are charged.) Revises provisions for specific geographic permits to authorize the Secretaries to make an admission permit available and valid for a 12-month period beginning in the month of sale for one or more designated areas in a particular geographic area. Conveys the privileges of, and subjects such permit to the same terms and conditions as, the America the Beautiful Passport (currently the Golden Eagle Passport), except that it shall be valid only for admission into the specific area or areas indicated at the time of purchase. Mandates a $15 fee for such permit under specified circumstances. (Currently, a maximum $15 fee is charged for such permit regardless of how many units of the park system are covered.) Requires funds collected from the sales of the permits to be allocated directly to those areas which collected them. Authorizes the Secretaries to permit State or local government units, organizations, businesses, and nonprofit entities to sell and collect fees for the America the Beautiful Passport for a maximum six-month period and to withhold reasonable amounts up to, but not exceeding, ten percent of the gross fees collected from such sales as reimbursement for necessary expenses. Requires the sellers to provide information to America the Beautiful Passport purchasers about recreation activities on Federal lands. Requires all net receipts from the sales of permits under this Act to be deposited into a special account in the Treasury to be available at the end of each fiscal year for appropriation to any agency collecting fees under this Act to fund the agency portion of challenge cost-share agreements. Establishes the Federal Recreation Fee Advisory Commission to prepare biannually an advisory report for the Secretaries regarding the admission fee system, including: (1) the fee charged for the America the Beautiful Passport; (2) the designation of sites where admission fees are collected; (3) the amount of fees at designated and proposed sites; and (4) whether the Passport should waive recreation fees. Terminates the Commission upon its fourth biannual report to the Secretaries. Names specified "developed recreation complexes." Authorizes the Secretary to charge an admission fee at other developed recreation complexes within the National Forest System in addition to those listed under this Act. Repeals specified fees for a single-visit permit at any designated area (allowing the administering Secretary, in his or her own discretion, to charge a reasonable admission fee). Authorizes the Secretary of the Interior, with the advice and consent of the Secretary of Agriculture, to change such fees upon the Commission's recommendation. Requires notification of specified congressional committees before any fee increase can go into effect. Limits Golden Age Passport general admission into any area to the holder and spouse (currently any other accompanying persons, especially children, are also included). Provides that no admission fee may be charged under this Act of any person less than 16 years of age (currently, 16 years of age or less). Repeals limitations on admission fees for single visits at the following parks: (1) Yellowstone National Park; (2) Grand Teton National Park; and (3) Grand Canyon National Park. Revises Federal agency authority to collect daily recreation use fees, limiting it to developed recreation sites such as campgrounds and picnic grounds which have been developed for public use, swimming sites, boat launch ramps, and managed parking lots. Authorizes an agency to issue a special recreation permit for backcountry overnight camping. Revises provisions that require Federal agencies to deposit fees collected under this Act into a special account in the Treasury to repeal the exception from such mandate for the U.S. Fish and Wildlife Service and the Tennessee Valley Authority. Requires the National Park Service as well as all agencies collecting such fees to make them available for resource management, visitor services, maintenance, and fee collection on lands and waters administered by such agency. Repeals provisions that: (1) allocate amounts covered into the special account for the National Park Service; and (2) establish the distribution formula for such allocations. Prescribes guidelines for the Secretary of Agriculture when collecting national forest system recreation use receipts.
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.