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
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death with benefits for that month computed on a prorated basis.
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 · 3 June 1992
Amends the Internal Revenue Code to prohibit the activity of soliciting and receiving qualified sponsorship payments (payments received by tax-exempt organizations from corporations and other sponsors in connection with athletic and other public events) from being treated as a separate trade or business for purposes of the tax on unrelated business income of charitable, etc., organizations. Makes such prohibition applicable to sponsorship payments received before January 1, 1996, with respect any public event occurring before January 1, 1995. Requires the Secretary to report to specified congressional committees on such tax treatment of sponsorship payments.
United States · United States Congress · 2 June 1992
Removes the annual and total limits on the number of Junior Reserve Officer Training Corps (JROTC) units that may be maintained at public and private secondary educational institutions. Includes, as a condition to establishing a JROTC unit at such institution, that the institution agrees to such establishment and maintenance for no less than five academic years.
United States · United States Congress · 28 May 1992
Animal Medicinal Drug Use Clarification Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose, provided the use does not result in residues in food in violation of established safe levels for the drug; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 28 May 1992
Prohibits, unless a certification under this Act is in effect: (1) U.S. economic assistance to the Government of Russia; and (2) the U.S. Executive Director of the International Monetary Fund (IMF) from consenting to an increase in the U.S. quota in the IMF. Requires the Secretary of the Treasury, unless such certification is in effect, to instruct the U.S. Executive Directors of the IMF and other international financial institution to oppose any loan to the Government of Russia. Describes such certification as a certification by the President to the Congress that: (1) progress has been achieved toward removal of Russian armed forces from Estonia, Latvia, and Lithuania; (2) additional Russian armed forces have not been brought into such countries for any purpose without their permission; (3) artillery exercises or training operations are not being conducted by Russian armed forces on the territory of such countries without their permission; (4) Russian military installations in such countries are open to inspection by the governments of such countries; (5) Russian air and naval forces are not interfering with traffic in the air space or territorial waters of such countries; and (6) the Russian Government is keeping such governments informed regarding the number and location of Russian armed forces in such countries. Makes such certifications effective for six months and authorizes the President to make recertifications for additional six-month periods. Terminates the restrictions under this Act if the President certifies that all Russian armed forces have been withdrawn from such countries.
United States · United States Congress · 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
Medical Cost Containment Act of 1992 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses.
United States · United States Congress · 21 May 1992
Designates February 21 through 27, 1993, as American Wine Appreciation Week. Commends the winegrape and fruit growers and vintners of the United States for the production of high quality agricultural products.
United States · United States Congress · 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
Amends the Congressional Budget Act of 1974 to include conference reports in cost estimate analyses by the Congressional Budget Office of legislative impact on State and local governments. Requires concurrent resolutions on the budget to direct committees to include cost estimates with reconciliation legislation.
United States · United States Congress · 7 May 1992
Public Health Pesticides Protection Act of 1992 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separate from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide. Defines: (1) a "public health pesticide" as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses; and (2) "vector" as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury. Exempts from reregistration fees public health pesticides of which more than 50 percent of usage (or at least 50 percent in the case of certain end use products) is devoted to the promotion of public health. Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used solely for agricultural minor uses or as a public health pesticide. Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation. Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat and control such pests. Requires the Administrator to report annually to the Congress on the uses of public health pesticides to promote human health protection in the United States.
United States · United States Congress · 5 May 1992
Designates September 18, 1992, as National POW/MIA Recognition Day. Requires the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Requires the flag to be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1992 (Memorial Day), and on November 11, 1992 (Veterans Day). States that the flag shall be displayed as a symbol of national concern and commitment to resolving the fates of Americans still prisoner, missing, and unaccounted for.
United States · United States Congress · 30 April 1992
Tuberculosis Prevention and Control Amendments of 1992 - Amends the Public Health Service Act to authorize appropriations for grants for the prevention, control, and elimination of tuberculosis. Requires the Director of the National Institute of Allergy and Infectious Diseases to conduct or support research and research training regarding tuberculosis. Authorizes appropriations. Authorizes grants for the prevention, control, and elimination of tuberculosis for: (1) construction or modernization of outpatient medical facilities serving medically underserved populations; (2) conversion of existing facilities into outpatient or long-term care facilities for such populations; and (3) renovation of inpatient facilities. Authorizes appropriations. Amends title XIX (Medicaid) of the Social Security Act to mandate provision to eligible persons with tuberculosis of certain drugs and services under Medicaid. Allows a State to limit the provision of case management services to such persons. Adds such persons to provisions defining "medical assistance."
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 · 29 April 1992
Amends the Communications Act of 1934 to prohibit collecting charges for telephone calls made in response to an invitation to participate in any sweepstakes, contest, or other game of chance, other than the charges normally imposed with respect to the transmission of the call by a common carrier.
United States · United States Congress · 9 April 1992
Federal Facilities Toxics Release Act - Amends the Emergency Planning and Community Right-To-Know Act to require Federal facilities that are subject to safety or chemical inventory reporting requirements under such Act or that manufacture or use a toxic chemical listed under such Act in excess of threshold amounts to comply with all Federal, State, and local requirements respecting emergency planning, notification, and reporting on substances covered by such Act. Waives sovereign immunity and the immunity of Federal employees for purposes of enforcement and injunctive relief. Authorizes the President to exempt a facility from requirements for one year if it is in the U.S. interest. Prohibits such an exemption due to lack of appropriations unless the President has specifically requested the appropriation as part of the budgetary process and the Congress failed to make it available. Authorizes additional exemptions for periods of up to one year. Permits the Administrator of the Environmental Protection Agency to commence administrative enforcement actions against Federal agencies pursuant to this Act. Authorizes appropriations. Directs the Administrator to study and report to the Congress on making chemicals used by Federal facilities subject to toxic chemical release form requirements under the Emergency Planning and Community Right-To-Know Act.
United States · United States Congress · 8 April 1992
Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired after February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period.
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 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 · 3 April 1992
Minor Crop Protection Assistance Act of 1992 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on a commercial agricultural crop or site where: (1) the total U.S. acreage for the crop is less than 300,000 acres; (2) the acreage expected to be treated as a result of that use is less than 300,000 acres annually or the agricultural crop represents production from less than 300,000 acres annually; (3) the use does not provide sufficient economic incentive to support initial or continuing registration; and (4) the Administrator of the Environmental Protection Agency (EPA) has not determined that the use presents an unreasonable adverse environmental effect. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if it is determined that the absence of data will not prevent the Administrator from determining the incremental risk presented by the minor use and that such risk would have an unreasonable adverse environmental effect. Prohibits data that relates solely to a minor use, without the permission of the original data submitter, from being considered by the Administrator to support a minor use application by another person for ten years following the submission of the data. Terminates the exclusive use of such data if the registration is voluntarily cancelled, or if the data are used to support a nonminor use. Provides for expedited review (within six months of submission) of applications to support minor use pesticide registrations. Grants registrants who make good faith requests for minor use waivers regarding required data, and whose requests are denied, a full time period for providing such data. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of data required solely to support a minor use pesticide up to four years if the registrant provides data to support other uses of the pesticide and a schedule to assure that the data production will be completed before the expiration of the extension. Applies the same extension conditions to data for reregistrations. Requires the Administrator to conditionally amend a registration to permit additional minor uses even if data is insufficient if the applicant has submitted satisfactory data pertaining to the proposed minor use and amending such registration would not increase environmental risks. Prohibits amendments if the pesticide meets or exceeds risk criteria associated with human dietary exposure and other specified conditions. Provides for extensions of minor use registration and data submission deadlines in cases where a registrant is not providing data to support a minor use but is providing data in a timely fashion to support other uses. Requires the Administrator, when a minor use registration application is filed no later than two years after another registrant voluntarily cancels registration for a similar use, to evaluate such application as if the voluntary cancellation had not yet taken place for purposes of data use, subject to environmental risk considerations. Directs EPA to assure coordination of minor use issues through the establishment of a minor use program within the Office of Pesticide Programs. Establishes and authorizes funding for a Department of Agriculture matching fund minor use program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals, including the data to support minor use pesticide registrations.
United States · United States Congress · 3 April 1992
Title I: Chief Financial Officer, General Counsel, and Certain Other Reforms - Subtitle A: Chief Financial Officer Amendments to the Rules of the House and Related Provisions - Amends rule II of the Rules of the House of Representatives to eliminate the election of a Doorkeeper or Postmaster in the House. Requires the individual chosen for election as the Sergeant-at-Arms to be a nationally-respected law enforcement professional. Amends rules III and IV to revise the duties of the Clerk of the House and the Sergeant-at-Arms. Amends rules V and VI to: (1) eliminate the positions of Doorkeeper and Postmaster; and (2) create a position of Chief Financial Officer. Sets forth qualifications for the elected Chief Financial Officer. Outlines his or her duties. Prohibits the Chief Financial Officer from disclosing the identity of a complaining employee without the employee's consent unless such disclosure is unavoidable. Makes any intimidation of, or reprisal against, an employee of the House by an employing authority because of a complaint made by the employee a violation of rule LI. Transfers the duties of the Postmaster of the House to the Chief Financial Officer. Amends rule XIV to eliminate the duties of the Doorkeeper with respect to decorum and debate in the House. Amends rule XI to require each committee, by March 1 of the first session of any Congress, to adopt an oversight plan for that Congress and to submit it to the Committee on House Administration. Prohibits the consideration in the House of a primary expense resolution for a committee unless and until such committee has adopted and submitted the plan. Requires the Committee on House Administration to report such plan to the House. Authorizes the Speaker to appoint ad hoc oversight committees for specific tasks from the membership of committees with shared legislative jurisdictions. Requires each committee to include an oversight section in its final activity report at the end of a Congress. Amends rule X to require one-half of the members of the Committee on House Administration to be from the majority party and one-half to be from the minority. Allows the chairman or ranking minority party member of the Committee on House Administration to authorize and issue subpoenas. Requires the membership of the Subcommittee on Legislative Appropriations of the Committee on Appropriations to be divided equally between the majority and minority parties. Divides the staff positions for the subcommittee in the same manner. Directs the Speaker to appoint a task force to: (1) recommend institutional reforms necessary to restore public confidence in the House; and (2) report on its recommendations to the House by the end of the 102d Congress. Requires the written approval of the Speaker and the minority leader of the House before funds may be reprogrammed or transferred between House appropriation accounts. Makes it out of order to consider any measure in the House, in the second session of the 102d Congress, containing an appropriation for any period after March 31, 1993. Directs the Speaker, upon the recommendation of the majority and minority leader, acting jointly, to appoint an Inspector General for the House. Subtitle B: Office of the General Counsel - Establishes the Office of the General Counsel (Office) in the House to: (1) be accountable to a specified Leadership Group; and (2) provide legal assistance to Members, officers, and employees of the House on matters directly related to their duties, with specified exceptions. Lists certain actions of the Office that must be approved either by a resolution of the House or the Leadership Group. Requires such Office, in the case of any matter that affects an area of responsibility committed to another office, officer, or employee under this Act, to consult the party involved and coordinate such action with them. Vests management, supervision, and administration of the Office in the General Counsel to be appointed by the Speaker, upon the recommendation of the majority and minority leaders of the House, acting jointly, without regard for political affiliation and solely on the basis of fitness to perform the duties of the position. Requires the General Counsel to serve at the pleasure of the Leadership Group. Authorizes the General Counsel to make appropriate expenditures for the functioning of the Office. Requires the attorneys and professional staff in the Office to maintain regular, written records of the time expended on legal matters, consistent with generally accepted practices in private law firms. Makes such time records reviewable by the Leadership Group. Prohibits public disclosure of them unless by direction of the Leadership Group or resolution of the House. Title II: Legislative Process Reforms - Amends rule I of the Rules of the House of Representatives to require the Speaker to announce a specified legislative program at the beginning of each session of the Congress. Requires the Speaker to ensure that the minority leader is fully consulted in developing the legislative program for the House each week. Directs the Speaker to state the question on reconsideration of a bill, immediately after its return from the President, without an intervening motion. Requires the House to proceed to vote on the reconsideration of such measure. Amends rule X to require the Speaker to refer legislation initially to one committee as the committee of principal jurisdiction (currently, such legislation may initially be referred simultaneously to two or more committees for concurrent consideration). Requires a bill originating in the House to be presented to the President by the tenth calendar day after it has passed the House and the Senate in identical form. Requires the membership of each committee (except the Committee on Standards of Official Conduct), subcommittee, task force, or other subunit, to reflect the ratio of majority to minority party Members of the House at the beginning of the Congress. Exempts the Resident Commissioner from Puerto Rico and the Delegates to the House from the count in determining such party ratio. Requires the membership of each select committee, subcommittee, task force, subunit, or conference committee to reflect the ratio of the majority to minority party Members of the House at the time of its appointment. Prohibits any standing committee of the House (except the Committee on Appropriations) from establishing more than six subcommittees. Prevents any member from serving on more than four House subcommittees at any one time. Amends rule XI to repeal the general permission, subject to certain conditions, for proxy voting by a member of any committee or subcommittee with respect to any measure or matter. Allows committees and subcommittees to close their meetings in circumstances where disclosure of matters to be considered would: (1) endanger national security; (2) tend to defame, degrade, or incriminate any person; (3) violate any law or rule of the House; or (4) involve committee personnel matters. Provides that a majority of the members of each committee or subcommittee shall constitute a quorum for the transaction of any business, including the markup of legislation (currently, all committees but the Committees on Appropriations, Budget, and Ways and Means are permitted to fix the number establishing quorum). Requires the names of those Members voting for and against any motion to report a public bill or resolution to be included in the committee report of such measure (currently, only the number of votes cast for or against reporting such measure is included). Requires the names of those members of the committees actually present at the time the bill or resolution is ordered reported to be included in the committee report relating to each nonrecord vote on a motion to report such public bill or resolution. Requires that a committee or subcommittee print, document, or other material, except under certain circumstances, prepared for public distribution, shall either: (1) be approved by the committee or subcommittee prior to such public distribution, with opportunity afforded for the inclusion of supplemental, minority, or additional views; or (2) contain a specified disclaimer on its cover. Prohibits any such print, document, or other material not approved by the committee or subcommittee from including the names of its members, other than the name of the chairman releasing such document. Lists material excepted from such requirements. Prohibits a measure reported from the Committee on Rules from being considered on the same calendar day it is presented to the House, nor on the subsequent calendar day of the same legislative day, except in certain circumstances. (Currently it can not be considered on the same day.) Prohibits the Committee on Rules from reporting any rule or order that would prevent a motion to recommit that has amendatory instructions (except in the case of a Senate measure for which the language of a House passed measure has been substituted). Prohibits the consideration of any rule providing for the consideration of a bill or resolution otherwise subject to amendment under House rules if such resolution limits the right of Members to offer germane amendments to such measure, unless the chairman of the Rules Committee has announced, within a specified period of time, that less than an open amendment process might be recommended by the Committee for the consideration of such measure. Makes it out of order to consider any order of business resolution which provides that, upon adoption, the House shall be considered to have automatically adopted a motion, amendment, or resolution, or to have passed a bill, joint resolution, or conference report, unless consideration of such resolution is agreed to by at least two-thirds of the Members voting. Requires any report accompanying a resolution for consideration of a budget waiver measure to include: (1) an explanation and justification for the waiver; (2) an estimated cost of the provisions to which the waiver applies; and (3) a summary or text of any written comments on the waiver received by the committee from the Committee on the Budget. Sets forth procedures for the consideration of such resolution. Prohibits the consideration of a resolution that waives all House rules, except by a two-thirds vote of the Members voting. Makes it out of order to consider any primary expense resolution unless the Committee on House Administration has reported and the House has adopted a resolution establishing an overall ceiling for House committee staff personnel for that year. Makes such a resolution privileged. Establishes guidelines for developing and considering primary and supplemental expense resolutions. Provides that the overall ceiling for committee staff in a resolution reported by the committee or contained in any amendment for the 103d Congress shall not exceed 50 percent of the total committee staff personnel employed at the end of the 102d Congress. Amends rule XIII of the Rules of the House of Representatives to establish a Commemorative Calendar comprised of unreported bills and resolutions respecting commemorative holidays and celebrations that have been: (1) referred to the Committee on Post Office and Civil Service; and (2) requested by the chairman and ranking minority member of such committee to be placed on such calendar. Outlines procedures for the consideration of such measures. Amends rules XV of the Rules of the House of Representatives to provide for an automatic roll call vote when the Speaker puts the question upon final passage of: (1) any bill, joint resolution, or conference report making general appropriations, providing revenue, or adjusting the statutory congressional pay rate; or (2) any budgetary concurrent resolution or conference report that provides an increase in the statutory debt limit. Amends rule XXI of the Rules of the House of Representatives to repeal the declaration that no amendment shall be in order during consideration of a general appropriation bill if it proposes a limitation not specifically contained or authorized in existing law for the period of such limitations. Defines a "general appropriation bill" to include any bill or joint resolution making continuing appropriations in a fiscal year for a period in excess of 30 days. Describes the contents of such bill. Reserves all points of order against any general appropriation bill at the time it is reported. Prohibits the consideration of any bill or joint resolution making appropriations for a period of 30 days or less unless it only provides appropriations in the lesser amount and under the more restrictive authority of each pertinent appropriations measure: (1) as passed by the House; (2) as passed by the Senate; (3) as agreed to by a committee of conference; or (4) as enacted for the preceding fiscal year. Requires a report from the Committee on Appropriations accompanying any appropriation bill to list all appropriations contained in the bill for any expenditure not previously authorized by law. Requires a three-fifths vote of the Members of the whole House to consider any rule or order from the Rules Committee that waives certain rules governing consideration of any short- or long-term continuing appropriations measures. Amends rule XXI to establish certain guidelines for reporting and considering reconciliation measures in the House. Exempts Senate amendments and conference reports from such guidelines. Reserves all points of order against a reconciliation bill at the time it is reported. Prohibits the consideration in the House of any bill or joint resolution which directly or indirectly authorizes enactment of new budget authority for a fiscal year unless such measure is reported in the House on or before May 15 preceding the beginning of such fiscal year. Amends rule XXIV of the rules of the House of Representatives to revise the daily order of business for the House to include the pledge of allegiance to the flag. Amends rule XXVII to establish additional criteria for entertaining motions to suspend the rules and pass a measure in the House. Requires the Clerk of the House, after 100 Members have signed a motion to discharge a committee from the consideration of a measure, to: (1) cause the name of each Member who has signed or withdrawn a signature to such motion to be printed in the Congressional Record; and (2) publish an updated list in the Record at the end of each succeeding week the House is in session. Amends rule XXVIII to require inclusion of supplemental, minority, or additional views of a House conferee in the same published volume of the conference committee's report, if specified conditions are met. Amends rule XLVIII to require a specified oath to be administered to: (1) a newly appointed Member of the Permanent Select Committee on Intelligence; (2) each committee's employee; and (3) any person engaged by contract or to perform services for or at the request of the committee who is required to subscribe to the agreement in writing. Requires the Clerk of the House to provide for the printing of such oaths for: (1) filing in the records of the House; and (2) recording in the House Journal and in the Congressional Record. Directs the Committee on Standards of Official Conduct to investigate and report to the House on any violation of such oath. Authorizes the Permanent Select Committee on Intelligence to refer cases of unauthorized disclosure and violations of the required oaths to such committee for investigation. Authorizes the committee by a majority vote to deny a member access to classified information if he or she is subject to a pending investigation. Directs the House Committees on Rules and on Government Operations by a certain date to report legislation granting the President enhanced rescission authority with respect to any budget authority not authorized by law. Sets forth procedures for considering such legislation if it is not reported out of such committees by the stated deadline. Directs the Committee on Rules to study and report to the House on the feasibility of converting to a biennial budget-appropriations process and corresponding multiyear authorizations. Declares that it is the policy of the House of Representatives that the following Federal laws should be amended to apply them to the House in the same or similar manner as they apply to the Executive Branch: (1) the National Labor Relations Act; (2) the Occupational Safety and Health Act of 1970; (3) the Equal Pay Act of 1963; (4) the Age Discrimination in Employment Act of 1967; (5) the Freedom of Information Act; (6) the Privacy Act of 1974; (7) Title VII of the Civil Rights Act of 1964; and (8) specified provisions of the Federal judicial code relating to an independent counsel. Directs the standing committees of the House with subject jurisdiction over such Federal laws to report legislation to the House to implement such policy. Provides for consideration of such legislation. Requires the ratio of majority party to minority party staff positions, consultants, details, and funding for House committees to be the same ratio as that of Members of the House. Eliminates the following Select Committees in the House: (1) Aging; (2) Hunger; (3) Children, Youth, and Families; and (4) Narcotics Abuse and Control. Transfers the records, files, and materials of such select committees to the Clerk of the House. Applies the Freedom of Information Act to the Congress. Exempts information related to casework or constituent correspondence from such Act with respect to Members of the Congress. Provides that the period for which expenses of the former Speakers of the House may be paid shall end three years after the expiration date of such term of office, except that in the case of a former Speaker who is receiving such expenses on the date of the enactment of this Act, the period shall end three years after such date. Amends Federal law to prohibit a Member of the House from sending any franked mass mailing outside the Member's congressional district. Authorizes a Member of Congress to mail franked mail with a simplified form of address for delivery within his or her congressional district or State only. (Current law permits such mailings in areas proposed to become a part of such Member's congressional district by legislative or judicial proceedings but not in effect.) Prohibits the Committee on House Administration from approving any payment for, and a Member from making any expenditure from, any allowance of the House or any other official funds if any portion is for any cost related to a mass mailing by a Member of the House outside his or her congressional district. Amends the Federal Salary Act of 1967 to make it out of order to consider any bill or resolution that would adjust, or have the effect of adjusting, the salaries of Members of Congress if such measure contains any item which does not relate to adjusting Members' salaries. Prohibits consideration of any measure in the House appropriating amounts for the legislative branch of the Government if it permits such amount to remain available for obligation beyond the end of the fiscal year for which the amount is appropriated. Requires at least one attorney in the Office of the Parliamentarian in the House to be appointed upon the recommendation of the minority leader. Permits the chairman of the Committee on Standards of Official Conduct to serve for the first session of a Congress only. Requires the House to elect a member of such committee to serve as chairman from nominations submitted by the minority party caucus or conference, at the beginning of a second session of a Congress. Provides that in adopting the Rules of the House of Representatives in the 103d Congress and any subsequent Congress, each rule shall be agreed to by separate resolution of the House.
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
Amends the Federal judicial code to include Members of Congress among the Government officials with respect to whom independent counsel provisions apply.
United States · United States Congress · 26 March 1992
Driver's License Information Protection Act of 1992 - Prohibits a State or any person from disclosing, other than for a governmental purpose, driver's license information to anyone other than the licensee without the licensee's consent. Authorizes individuals aggrieved by a violation of this Act to obtain appropriate relief in a civil action from the State or from any person participating in making the disclosure, if such State does not prohibit such disclosure.
United States · United States Congress · 26 March 1992
Assassination Materials Disclosure Act of 1992 - Provides that except for assassination material or particular information in assassination material the disclosure of which is postponed, all assassination materials shall be transferred to the National Archives and made available for inspection by the general public. Requires the Archivist to charge fees for copying and grant waivers of such fees pursuant to the standards established by the Freedom of Information Act. Authorizes the Archivist to provide copies of assassination materials of broad public interest to the Government Printing Office (GPO), which shall print copies for sale to the public. Requires assassination materials printed by GPO to be placed in Government depository libraries. Establishes as an independent agency the Assassination Materials Review Board. Requires the division of the U.S. Court of Appeals for the District of Columbia Circuit charged with appointment of independent counsels to appoint five distinguished and impartial private citizens outside of the Government who have had no prior involvement with inquiries into the assassination of President John F. Kennedy to serve as members of the Review Board. Allows the Review Board to appoint an Executive Director. Requires the Review Board to consider and render decisions on referrals by the Executive Director and appeals for a determination whether a: (1) record constitutes assassination material subject to this Act; and (2) record or particular information in a record qualifies for postponement of disclosure under this Act. Describes the circumstances under which the Review Board will terminate. States that disclosure to the general public of assassination material or particular information in assassination material may be postponed if its release would: (1) reveal an intelligence agent, an intelligence source or method currently utilized by the Government, or any other matter currently relating to military defense, intelligence operations, or the conduct of U.S. foreign relations which, if disclosed, would pose such a threat as to outweigh any public interest in its disclosure; (2) constitute an invasion of privacy of a living person, whether or not that person is identified in the material, that is so substantial as to outweigh any public interest in its disclosure; (3) constitute a substantial and unjustified violation of an understanding of confidentiality between a Government agent and a witness or a foreign government; or (4) disclose a security or protective procedure currently utilized by a Federal agency responsible for protecting Government officials, and that disclosure is so harmful that it outweighs any public interest in its disclosure. Requires each executive agency to make available to the Executive Director of the Review Board all assassination materials in its possession. Requires agencies that are uncertain as to whether or not a record is assassination material to make that record available to the Executive Director. Makes the Executive Director responsible for: (1) inquiring as to the existence of further records beyond those made available that may be assassination materials; (2) obtaining access to such records; (3) recommending that the Review Board subpoena such records in the event access is denied; and (4) reviewing all records that are made available by executive agencies. Requires the Executive Director to order release of any assassination material or particular information in the absence of clear and convincing evidence that it falls within the exemptions from disclosure. Requires the Executive Director, after review of each record, either to: (1) notify the originating body or bodies that the record is assassination material that is appropriate for release in its entirety; or (2) refer the record to the Review Board. Provides that in the former event, the Executive Director shall transmit the record to the Archivist of the United States who shall make the record available for public inspection, unless an originating body files an appeal with the Review Board. Requires the Review Board to review and apply the standards for release set forth in this Act to all records that are the subject of appeals and referred to the Review Board by the Executive Director. Provides that: (1) after review of each record, the Review Board shall determine whether such record is assassination material, and, if so, whether such assassination material, or particular information in the assassination material, qualifies for postponement of disclosure; (2) any reasonably segregable particular information in an assassination material shall be considered for release after deletion of information in that assassination material that qualifies for postponement of disclosure; (3) where an entire assassination material qualifies for postponement of disclosure, the Board may create and prepare for release a summary of the assassination material in order to provide for the fullest disclosure feasible; and (4) where the Board determines that a record is not assassination material, or that a record, or particular information in the record, qualifies for postponement of disclosure, the Board shall transmit to the originating body written notice of such determination, together with a copy of the record at issue, and, if the originating body is an executive agency, a copy of such notice and record shall be transmitted to appropriate congressional committees. Provides that in the case of records for which the Warren Commission or specified congressional committees are originating bodies, where the Review Board determines that a record is assassination material, and that a record, particular information in a record, a summary of a record, or a substitution for particular information in a record is appropriate for release pursuant to this Act, the Review Board shall transmit the record, particular information, summary, or substitution to the Archivist in order for it to be made public. States that the Review Board's decision to release shall not be subject to review by the President or any other entity of the Government and shall not be subject to judicial review. Provides that in the case of records for which the originating body is an executive agency, excluding the Warren Commission, where the Review Board determines that a record, particular information in a record, a summary of a record, or a substitution for particular information in a record is appropriate for release pursuant to this Act, the Review Board shall transmit to the originating body written notice of its determination. Provides that in such event, the Review Board shall transmit the record, particular information, summary, or substitute to the Archivist in order for such material to be made public, unless the President has certified to the Review Board and the Archivist that the material qualifies for postponement of disclosure, in which case release of the material shall be postponed, and this decision shall not be subject to judicial review. Prohibits the President from delegating this authority to any other official or entity. Provides that whenever the President makes such a certification, the President shall submit to the appropriate congressional committees a written statement setting forth the reasons for superseding the Board's determination and a copy of the material at issue. Requires the Review Board to periodically make available for public inspection a notice of all postponements of assassination materials. Provides that in any case in which a determination of the Review Board to release assassination material is superseded by the President, the President shall publish in the Federal Register notice of such action. Sets forth special rules for the marking and review of materials the disclosure of which is postponed. Authorizes the Review Board to request the Department of Justice to petition any court to release any information relevant to the assassination of President Kennedy that has been sealed. Authorizes the Review Board to request the Attorney General to petition any U.S. court to release any such information that is held under injunction of secrecy of a grand jury. Requires the Review Board to seek access to the autopsy photographs and x-rays donated to the National Archives by the Kennedy family and submit to appropriate congressional committees a report on the status of these materials and on access to these materials by individuals consistent with the deed of gift. Expresses the sense of the Congress that: (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury; (2) the Secretary of State should contact the government of the Republic of Russia and any other foreign government that may hold relevant information and seek the disclosure of all such information; and (3) all executive agencies should cooperate in full with the Review Board to seek the disclosure of all information relevant to the Kennedy assassination consistent with the public interest. Authorizes appropriations.
United States · United States Congress · 20 March 1992
Coral Reef Environmental Act - Establishes a joint program between the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration to conduct environmental research, monitoring, and public education relating to coral reef ecosystems. Directs the EPA Administrator and the Undersecretary of Commerce for Oceans and Atmosphere to jointly develop guidelines for assessing quality of coastal and marine waters in which coral reef ecosystems are found to ensure the sustainable use and conservation of such ecosystems. Requires the President to direct the Secretary of State to work with other nations and international organizations to: (1) implement an international research program to monitor the status of coral reef and related ecosystems; (2) implement a global strategy for the sustainable use of coral reef ecosystems and to encourage multilateral research efforts on sustainable management of such ecosystems; and (3) promote public education on the conservation of such ecosystems. Directs the President to convene conferences of the parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena Convention) and the South Pacific Regional Environment Program (SPREP) for purposes of identifying research and management needs in coral reef ecology and their sustainable use and the implementation of such programs in the Caribbean and South Pacific. Authorizes appropriations.
United States · United States Congress · 20 March 1992
Federal Travel Discosure Act of 1992 - Prohibits: (1) the obligation or expenditure of Federal funds for Government travel other than from amounts specifically appropriated by law for such purpose; and (2) any Federal entity from expending funds for the travel expenses of any individual employed by another Federal entity without being reimbursed by the individual or the travel account of the individual's employer. Directs the head of each executive department to designate a travel supervisor. Specifies the travel supervisors for the legislative and judicial branches. Requires all Government travel to be: (1) approved in advance by the appropriate travel supervisor; (2) accomplished by the most economical means conveniently possible; and (3) accomplished by U.S. commercial carrier wherever possible, unless the travel supervisor determines that an alternative means is more economical or necessary to achieve the goal of the mission. Requires all legislative branch foreign travel to be approved in advance by recorded vote of the committee (in the case of travel by a committee member or committee staff) or by the appropriate travel supervisor. Provides that advance approval shall not be required for travel which either does not require an individual to spend the night away from his or her principal residence or place of employment or which is undertaken under emergency circumstances as defined in written guidelines established by the appropriate travel supervisor. Requires each travel supervisor to establish written guidelines for Government travel and to submit quarterly reports with respect to such travel to the Administrator of General Services (for executive branch or independent agency travel), the Clerk of the House of Representatives or the Secretary of the Senate (for legislative branch travel), and the Director of the Administrative Office of the U.S. Courts (for judicial branch travel). Requires that such reports be made available for public inspection.
United States · United States Congress · 20 March 1992
Condemns the March 17, 1992, bombing of the Israeli embassy in Buenos Aires, Argentina. Declares that the U.S. Government should fully cooperate with the Governments of Argentina and Israel in identifying and bringing to justice all of the individuals responsible.
United States · United States Congress · 19 March 1992
Declares that it is the sense of the Congress that any legislation passed by the Congress to address American health care needs must include coverage for mental disorders.
United States · United States Congress · 18 March 1992
Nuclear Reactor Licensing Act of 1992 - Amends the Atomic Energy Act of 1954 to prescribe guidelines for: (1) issuance by the Nuclear Regulatory Commission of nuclear reactor combined construction and operating licenses; and (2) post-construction hearings on such licenses. Provides for judicial review of final Commission orders affecting such licenses.
United States · United States Congress · 18 March 1992
Prescription Drug Cost Containment Act of 1992 - Amends the Internal Revenue Code to require, in the case of any manufacturer of single source drugs or innovator multiple source drugs, a reduction in the Puerto Rico and possession tax credit according to a specified formula involving the amount of the manufacturer's wages paid to eligible employees in Puerto Rico, the sales of the drug, and price increases. Directs the Secretary of Health and Human Services to establish at least 15 five-year demonstration projects to determine the impact on: (1) cost, quality of care, and access to prescription drugs of developing, in the area of each project, a Medicare (title XVIII of the Social Security Act) outpatient prescription drug benefit using various forms of benefit design and reimbursement policies; and (2) cost and quality of care of extending coverage of outpatient prescription drugs to Medicare beneficiaries served by community health centers. Sets forth additional purposes for at least some of the projects. Requires a project to provide for coverage of all drugs and biologicals approved by the Federal Food and Drug Administration and all medically accepted indications of the drugs. Requires establishment of a Drug Use Review Board (DUR Board) in each project area, or use of the State Medicaid (title XIX of the Social Security Act) DUR Board, to recommend the design and development of the benefit within the area and establish a program of prospective and retrospective drug use review. Amends the Social Security Act to establish in the Treasury the Medicare Outpatient Prescription Drug Trust Fund. Appropriates to the Fund amounts raised by the credit reduction under this Act. Makes amounts in the Fund available for: (1) carrying out the projects; (2) the expenses of the Prescription Drug Policy Review Commission established by this Act; and (3) improving the accessibility of prescription drugs to the elderly. Establishes the Prescription Drug Policy Review Commission. Mandates a report to specified congressional committees on Federal subsidies and incentives to the pharmaceutical industry. Amends title XIX (Medicaid) of the Social Security Act to modify reporting requirements regarding average prices for covered outpatient drugs in specified countries.
United States · United States Congress · 12 March 1992
Energy Technology Growth Act - Authorizes appropriations for FY 1993 for the following Department of Energy (DOE) programs: (1) Fossil Energy Research and Development; (2) Nuclear Energy Research and Development; (3) Uranium Supply and Enrichment Activities; (4) the Nuclear Waste Fund; (5) Fusion Energy Research and Development; (6) Renewable Energy Research and Development; (7) Energy Conservation Research and Development; (8) Supporting Research and Technical Analysis; (9) Environmental Restoration and Waste Management Program; (10) Biological and Environmental Research; (11) Environment, Safety and Health; and (12) Steel and Aluminum Research. Makes conforming amendments to the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 and the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990. Authorizes the Secretary of Energy (the Secretary) to transfer specified funds from DOE civilian accounts during FY 1992 through 2001 for research and development projects advancing new energy supply, production, distribution, and consumption technologies, and for highly innovative technologies, including those based on yet unproven scientific theory. Directs DOE to continue the first-of-a-kind engineering design program in cooperation with the U.S. utility industry in order to begin the construction of standardized nuclear powerplants by 1995. Authorizes appropriations. Directs the Secretary to establish the Research Reactor User Complex (RRC), a research, development, and production center. Sets forth implementation guidelines, including the requirement that a contractor retained by DOE to operate the RRC shall maintain and operate the Fast Flux Test Facility for research and development on isotopes and energy. Establishes the RRC Fund to be funded by related user chargers. Amends the Internal Revenue Code to establish investment tax credits for advanced energy use property and for increased product efficiency.
![Official portrait of Rep. Lewis, Thomas F. [R-FL-12]](https://www.congress.gov/img/member/l000295_200.jpg)